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HRA 06/13/1996 - 6265HOUSING & REDEVELOPMENT AUTHORITY MEETING THURSDAY, JUNE 13, 1996 7:30 P.M. PUBLIC COPY (Please return to Community Development Dept.) CITY OF FRIDLEY A G E N D A HOUSING & REDEVELOPMENT AUTHORITY MEETING THURSDAY, JUNE 13, 1996 7:30 P.M. LOCATION: Council Chambers, Fridley Municipal Center CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: May 9, 1996 CONSENT AGENDA: Addendum to Sale and Development . . . . . . . . . . 1 - iC Agreement, Whitney Homes Inc.; 5720 Polk Street N.E. Approval of HRA By -Laws and Establishing . . . . . . 2 - 2D Chairperson and Vice - Chairperson Revenue and Expenses . . . . . . . . . . . . . . . . 3 - 3C ACTION ITEMS: Approval of Lake Pointe Master Plan . . . . . . . . 4 - 4CC Approval of Resolution Authorizing . . . . . . . . . 5 - 5Q Acquisition of 380 - 57th Place N.E. and Related Documents TIF Assistance for Wallboard, Inc. . . . . . . . . . 6 - 6C INFORMATION ITEMS: Establishment of a Housing Revolving Loan . . . . . 7 - 7F Program Modification to Fridley Office Plaza . . . . . . . . 8 - 81 OTHER BUSINESS: ADJOURNMENT HRA RESOLUTION NO. 11 - 1996 RESOLUTION AUTHORIZING ACQUISITION OF 380 - 57TH PLACE N.E. UNDER THE PROVISIONS OF THE PUBLICLY OWNED TRANSITIONAL HOUSING (POTH) PROGRAM AS ADMINISTERED BY THE MINNESOTA HOUSING FINANCE AGENCY WHEREAS, the Anoka County Community Action Program ( ACCAP) owns a four -plex situated in the City of Fridley, County of Anoka, State of Minnesota, legally described as Lots 12 and 13, Block 6, City View; and WHEREAS, ACCAP made application to the Minnesota Housing Finance Agency (MHFA) for Publicly Owned Transitional Housing (POTH) program funds, and has been selected for participation in the POTH program; and WHEREAS, the City of Fridley HRA on July 17, 1995 agreed to act as the public entity in compliance with the POTH program requirements; and WHEREAS, there is a demonstrated need for short -term transitional housing for low income residents, particularly for families from the City of Fridley and the County of Anoka; and WHEREAS, ACCAP has adopted a transitional housing program designed to assist in fulfilling said demonstrated need for such short -term housing; and WHEREAS, ACCAP desires to manage this property and lease said property to Lutheran Social Services, Inc., who will make this property available for their clients to live in as part of their transitional housing project; and WHEREAS, ACCAP has substantially rehabilitated the property; and NOW, THEREFORE, BE IT RESOLVED THAT, the Chairperson and Executive Director of the HRA are hereby authorized to execute the deferred loan repayment agreement and mortgage in an amount not to exceed Two Hundred Thousand ($200,000) which will be forgiven in 20 years, provided that the HRA retain ownership of the development for the purpose of providing transitional housing for such time period. BE IT FURTHER RESOLVED, Director are authorized documents regarding the the property, including Funding Agreement, Loan necessary. that the Chairperson and the Executive to execute any and all other necessary financing, operation, and maintenance of the Family Housing Fund documents, the Note, and Mortgage Agreement or others as Page 2 - Resolution No. 11 1996 PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY THIS 13TH DAY OF JUNE, 1996. LAWRENCE R. COMMERS - CHAIRMAN ATTEST: WILLIAM W. BURNS - EXECUTIVE DIRECTOR CITY OF FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY MEETING MAY 9, 1996 MOTION by Mr. Prairie, seconded by Mr. McFarland, to nominate Mr. Meyer as Acting Chairperson. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON MEYER DECLARED THE MOTION CARRIED UNANIMOUSLY. CALL TO ORDER: Acting Chairperson Meyer called the May 9, 1996, Housing and Redevelopment Authority meeting to order at 8:00 p.m. ROLL CALL: Members Present: Jim McFarland, John Meyer, Duane Prairie Members Absent: Larry Commers, Virginia Schnabel, Others Present: Barbara Dacy, Community Development Director Jim Casserly, Financial Consultant Rick Pribyl, Finance Director APPROVAL OF , 1996, HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. McFarland, seconded by Mr. Prairie, to approve the April 11, 1996, Housing and Redevelopment Authority minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON MEYER DECLARED THE MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA: 1. REVENUE AND EXPENSES Mr. Pribyl provided a list of additional expenses as outlined in a memo dated May 9, 1996, from Mr. Ellestad to be considered for approval as part of the Consent Agenda. 2. APPROVAL OF STIPULATION AGREEMENT FOR JANG -WON RESTAURANT 3. APPROVAL OF CHANGE ORDER NO. 3 TO PROJECT NO. 281• SOUTHWEST QUADRANT MOTION by Mr. Prairie, seconded by Mr. McFarland, to approve the Consent Agenda as presented. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON MEYER DECLARED THE MOTION CARRIED UNANIMOUSLY. HOUSING & REDEVELOPMENT AUTHORITY MTG. , MAY 9 1996 PAGE 2 ACTION ITEMS• 4. RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT CONTRACT FOR AMERICAN EXCELSIOR, INC. Ms. Dacy stated the discussion a month ago included a grant and a loan. Since then, American Excelsior has agreed to a grant which is consistent with the HRA guidelines. The grant is to be for 5% of the project costs or approximately $117,623. A copy of the development agreement and a copy of the resolution was included in the agenda packet. Staff recommends approval. Mr. Meyer stated the grant that would be given is for soil correction work. Their total estimate is total soil and site work for approximately $460,000 and this proposes to give American Excelsior a grant of $117,623. The soil correction for this amount is roughly 1/2 of the soil correction cost. None of that is applied to the site work. Is this correct? Ms. Dacy stated yes. Ryan Construction has differentiated the soil correction costs from the site work. Mr. Casserly stated, in the contract, they refer to it as site improvements but it is really for soil correction. They identify the categories of eligible expenses in the agreement. The grant amount in the agreement was done about three to four weeks ago when still getting estimates and they had at that time used an amount of $112,500. With the new information, the amount has been corrected to $117,623. MOTION by Mr. Prairie, seconded by Mr. McFarland, to approve a Resolution Authorizing Execution and Delivery of a Contract for Private Redevelopment By and Between the Housing and Redevelopment Authority In and For the City of Fridley and American Excelsior Company. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON MEYER DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. CONTRACT FOR ENGINEERING SERVICES FOR HIGHWAY 65 AND LAKE POINTE DRIVE INTERSECTION; SEH Ms. Dacy stated this will be the first step of many about the Lake Pointe intersection. The intent of this contract proposal is to get SEH back on board and to find out what we need to do to get the intersection plans to the current standards as opposed to the standards that existed about 10 years ago. Since we have received approval for funds from the Federal government, we need to re- establish contact with the Minnesota Department of Transportation (MnDOT) for their participation. As she HOUSING & REDEVELOPMENT AUTHORITY MTG. , MAY 9 1996 PAGE 3 understands, MnDOT had agreed ten years ago to participate for a certain amount of the costs. Staff needs to re -open that negotiation to see how much MnDOT will be paying into the project. Anoka County may also agree to participate for the Central Avenue part of the project. This first contract is to get us up to speed and then staff will come back with additional contract work to take us to the next step. Mr. Meyer stated this contract is modest and is just a start -up item. There will be more expenses as we go along. MOTION by Mr. McFarland, seconded by Mr. Prairie, to approve the proposal between SEH and the City of Fridley for Phase I engineering services by SEH as presented in their letter dated April 22, 1996. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON MEYER DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMATION ITEMS: 6. WRAP -UP ON 1996 HOME REMODELING AND GARDEN FAIR Ms. Dacy stated the Home Remodeling and Garden Fair went well. They had a great crowd. The vendors seemed to enjoy the fair. She is still receiving the surveys. Already, they have received a number of compliments. One vendor stated they got more contacts here in five hours than they did in ten hours at the Northtown Mall event. Vendors were complimentary of the set up at the high school. Staff hired an exhibition company to do the curtains, tables, desks, etc. They also liked the free food tickets. Ms. Dacy's Kiwanis group provided hot dogs and chips for the event. After the fair, the loan applications soared. They received over 200 applications. They have closed on 32 loans so they are 1/3 of the way to the goal of 100 loans. Mr. Meyer complimented staff on their great effort. The fair was nicely done. OTHER BUSINESS• 7. UPDATE ON SOUTHWEST QUADRANT Ms. Dacy stated the closing occurred on April 30. The next day Rottlund called wanting to take down trees and put up the erosion control fence. The plat is in the process of being signed. The paperwork is in the process of being completed. The grading will probably start May 20. The construction company is ready to go. HOUSING & REDEVELOPMENT AUTHORITY MTG. , MAY 9 1996 PAGE 4 Mr. Prairie asked what kind of time frame does Rottlund have before they have the first unit up. Ms. Dacy stated they are trying for a permit at the end of June or early July. They want a model of each type of housing done for the fall Parade of Homes. Depending on the amount of pre - sales, they could do more. Mr. Prairie asked if Rottlund had indicated when they would construct the berms and fence. Ms. Dacy stated the fencing and perimeter landscaping should be done this summer. They plan to do that first. The Mississippi improvement plans should be submitted next Monday and then will be advertised for bids. The work will be initiated July 1 and run until September 15. Mr. Prairie asked if there was anything that could get in the way of this. Ms. Dacy stated the only thing that could be held up is the Minnesota State Aid Office has to approve the plans for the Mississippi Street improvement. Mr. Meyer stated there is an expense of approximately $48,000 to burn some oil in the soil. Ms. Dacy stated Mr. Davis from Bruce stating he had talked to MPCA staff. to the petro board that we get reimbi was not required by them originally, reimbursement. Because we are doing situation, we hope to be reimbursed. Leisch Associates called MPCA staff will recommend arced for this. Because this we would not qualify for something to correct a bad Mr. Meyer stated, even then, there was enough in the contingency to cover that. Ms. Dacy stated this was correct. The last time she evaluated the budget, they were about $200,000 over the original estimate from August, 1994. 8. UPDATE ON LAKE POINTE Mr. Prairie stated MEPC has talked about prospects for the Lake Pointe site. What is the status of those prospects? Ms. Dacy stated a potential user has asked for a request for proposal. They are looking at 130,000 square feet with the possibility of additional space. Mr. Jellison seems positive about this prospect. HOUSING & REDEVELOPMENT AUTHORITY MTG. , MAY 9 1996 PAGE 5 ADJOURNMENT: MOTION by Mr. McFarland, seconded by Mr. Prairie, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON MEYER DECLARED THE MOTION CARRIED AND THE MAY 9, 1996, HOUSING AND REDEVELOPMENT AUTHORITY MEETING ADJOURNED AT 8:22 P.M. Respectfully submitted, tvt /�' J"�t' Lavonn Cooper Recording Secretary MEMORANDUM HOUSING KAWE REDEVELOPMENT AUTHORITY DATE: June 7, 1996 �J TO: William Burns, Executive Director of HRA �'t~ FROM: Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator SUBJECT: Consider Addendum to Sale and Development Agreement with Whitney Homes, Inc. On January 12, 1996 the HRA entered into a Sale and Development Agreement with Whitney Homes, Inc. to build a single family home at 5720 Polk St. The agreement stipulated that the builder had until June 30, 1996 to construct the home. Whitney Homes had originally planned to close with the HRA in early April and start construction shortly thereafter. Prior to closing the title company discovered that the deeds from both the City to the HRA and the HRA to Whitney Homes contained errors and needed to be corrected and re- executed. On May 28, 1996 we closed on the sale of the lot and Whitney Homes. Whitney has already submitted the paperwork to obtain a building permit. The HRA pre - approved two house plan designs at its April 11, 1996 meeting. Because of the delay, it will be necessary to extend the completion date of the project to August 31, 1996. Attached is a copy of Addendum No. 1 to the Sale and Development Agreement. Recommendation Staff recommends that the HRA approve Addendum No. 1 to the Sale and Development Agreement with Whitney Homes which extends the completion date to August 31, 1996. GF/ M -96 -255 1. ADDENDUM TO THE SALE & DEVELOPMENT AGREEMENT RELATING TO 5720 POLK STREET BY AND BETWEEN THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY AND WHITNEY HOMES, INC. 1A THIS ADDENDUM is made and entered into this day of 1996, by and between the Fridley Housing and Redevelopment Authority, (hereinafter called the "HRA "), and Whitney Homes, Inc. (hereinafter called the "Developer "); WHEREAS, the parties executed the original Sale and Development Agreement referenced above on January 12, 1996; and WHEREAS, the parties have mutually agreed that the date set forth in paragraph 4.02 of the original Sale and Development Agreement shall be modified. NOW, THEREFORE, in the joint and mutual exercise of their powers and in consideration of the mutual covenants contained in the Sale and Development Agreement dated January 12, 1996, and the provisions as set forth below, the parties hereto agree to amend said original agreement as follows: "4.02 New Construction. Developer shall be solely responsible for the construction, marketing and sale of the single family home on the Property by August 31, 1996. The minimum selling price of said home shall be $80,000.00." IN WITNESS WHEREOF, the HRA has caused this Agreement to be executed by its duly authorized officers; and the Developer has executed this Agreement the day and year first above written. FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY William W. Burns Its: Executive Director C Lawrence R. Commers Its: Chairperson WHITNEY HOMES, INC. wo Its: 2 1B STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) On this day of , 1996, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is William W. Burns named in the foregoing instrument, the Executive Director of the Fridley Housing and Redevelopment Authority, a body politic and corporate under- the laws of the State of Minnesota, and that this instrument was signed as his free act and deed. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) On this day of , 1996, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is Lawrence R. Commers named in the foregoing instrument, the Chairperson of the Fridley Housing and Redevelopment Authority, a body politic and corporate under the laws of the State of Minnesota, and that this instrument was signed as his free act and deed. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) On this day of , 1996, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is named in the foregoing instrument, the of Whitney Homes, Inc., a corporation under the laws of the State of Minnesota, on behalf of the corporation, and that this instrument was signed as his free act and deed. Notary Public 3 1C. DATE: TO: MEMORANDUM HOUSING AND REDEVELOPMENT AUTHORITY June 7, 1996 William Burns, Executive Director of HRA FROM: Barbara Dacy, Community Development Director SUBJECT: By -Laws of the Fridley Housing & Redevelopment Authority The Minnesota Housing Finance Agency has requested a signed copy of the Fridley Housing & Redevelopment Authority By -Laws. The City Clerk has a copy of the By- Laws, but not a signed copy. In order to accomplish the closing for the purchase of the transitional housing four -plex (discussed later in the agenda), a signed copy is needed. Further complicating this matter is that the date that the HRA approved the By -Laws is not known. Instead of reviewing years of minutes, I am suggesting that the HRA review the By -Laws and approve them. It should be noted that the By -Laws require an annual meeting to be held the second Thursday of June for the purpose of electing officers of the Authority. It has been several years since the Chair and Vice -Chair were officially appointed. Therefore, also proposed is appointment of Larry Commers as Chairperson and Virginia Schnabel as Vice - Chairperson from June 1996 through June 1997. If the HRA disagrees with these nominees, the item should be removed from the consent agenda. Recommendation Staff recommends the HRA adopt the By -Laws as attached and establish Larry Commers as Chairperson and Virginia Schnabel as Vice- Chairperson. BD /dw M -96 -266 2 BY -LAWS OF THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY FRIDLEY, MINNESOTA ARTICLE I: THE AUTHORITY Section 1: Name of the Authority The name of the Authority shall be Fridley Houting and Redevelopment Authority, Fridley, Minnesota. Section 2: Powers The Authority shall be a public body corporate and politic and shall have all the powers necessary or convenient to carry out the purpose of Minnesota Statutes 462.415 to 462.711. Section 3: Membership The Authority shall consist of five commissioners, who shall be residents of the City of Fridley. Section 4: Appointment, Approval The Commissioners of the Authority shall be appointed by the Mayor with approval by the City Council of Fridley, Minnesota. Section 5: Term The Commissioners shall be initially appointed for terms of one, two, three, four and five years respectively. Thereafter all commissioners shall be appointed for five -year terms. Section 6: Vacancy Each vacancy in an unexpired term shall be filled in the same manner in which the original appointment was made. Section 7: Certificate of Appointment Commissioners shall hold office until their successors have been appointed and qualified. A certificate of appointment of each commissioner shall be filed with the City clerk and a certified copy thereof with the State housing commission. Section 8: Compensation Commissioners shall be entitled to receive necessary expenses, including traveling expences, in the per- formance of their duties. Commissioners may be com- pensated at a rate up to $25.00 per meeting in an aggregate amount not to exceed $1500.00 per year. ARTICLE II` OFFICERS Sect: Officers The officers of the Authority shall be a Chairman and a Vice Chairman. Section 2: Chairman The Chairman shall preside at all meetings of the Authority at which he is present. 2A Section 3: Vice Chairman / Secretary The Vice Chairman shall perform the duties of the Chairman in his absence or incapacity, and /or because of resignation or death of the Chairman, until a new Chairman is elected. Section 4: Terms of Officers - All officers of the Authority shall be elected F annually by the Authority and shall serve for the term of one year or until their successors are - elected and qualified. Section 5: Vacancies Should an office become vacant, the Authority shall elect a successor from its membership at a regular meeting, and such election shall be for the unexpired term of said office. ARTICLE III: STAFF SERVICES Section 1: Executive Director An Executive Director shall be appointed by the Authority, at such compensation, for such term and with such duties as the Authority shall determine by resolution. The Executive Director shall perform, or have performed, such activities as the Authority shall from time to time, reasonably request,.including the responsibility for the care and custody of all funds of the Authority and for the deposit thereof in the name of the Authority in such bank or banks as the Authority from time to time shall designate; for the keeping of regular books of accounts showing receipts and expenditures; for budget and budgeting activities, for keeping the records of the Authority ,�q",the keep - ing of the seal of,the Authority and to accept the service of process upon the Authority. Section 2: Additional Personnel The Authority may from time to time use such personnel and use the services of local puplic bodies as it deems necessary to exercise its powers, duties and functions as prescribed by law. ARTICLE IV: EXECUTION OF INSTRUMENTS Section 1: Execution of Investments All deeds, contracts, promissory notes, warrants and other instruments including checks issued by the Authority shall be executed by the Executive Director only after authorization of such transactions by the Authority by resolution or other approved action. W -2- ARTICLE V: MEETINGS Section 1: Regular Meetings Regular meetings of the Authority shall be set by the Authority annually and shall remain for that period of time unless changed by majority vote of the Authority at a regular scheduled meeting. Section 2: Special Meetings Special meetings of the Authority may be held a t any time on at least a 24 -hour written call of the Chair- man, or any two members of the Authority. Notice shall be in writing, and state the time, place, and purpose of the meeting. Upon unanimous consent of all members, any of the provisions of this section may be waived. Section 3: Annual Meeting An annual meeting will be held the second Thursday of June at 7:30 p.m. for the purpose of electing officers of the Authority. The date of the annual meeting may be postponed to a date on or before the second Thursday of July upon a majority vote of the Commissioners in office at any time take, at a regular meeting of the Authority. Section 4: Quorum The powers of the Authority shall be vested in the commissioners thereof in office at any one time; a majority of whom shall constitute a quorum for all purposes, but lessor number may adjourn a meeting from time to time until a quorum is obtained. Section 5: Manner of Voting The Chairman and all commissioners in attendance at every meeting of the Authority shall be entitled to vote. All motions and resolutions shall require an affirmative vote of a majority of the members of the Authority. A roll call on any question coming before the Authority must be taken up the demand of any one or more of the commissioners. Section 6:, Parliamentary Procedures Parliamentary Procedures at meetings of the Authority shall be governed by the last edition of Robert's Rules of Order. ARTICLE VI: FISCAL YEAR Section 1: Fiscal Year The fiscal year of the Authority shall be from January It s� to December 31 of each year. Section 2: Annual Report The Executive Director shall prepare an annual report to the Authority of Authority activities on or before the last day of February for the proceeding fiscal year. 2C -3- Section 3: ARTICLE VII Budget The Executive Director shall prepare an annual budget for Authority approval prior to December 31 for the next fiscal year. This budget shall layout anticipated revenue and expenditures of the Authority for-=the next fiscal year. _- AMENDMENTS Section 1: Amendments The By -Laws of the Authority shall be amended only with the approval of at least a majority of the com- missioners in office at that time. airman Vice Chairman 2D -4- TO: FRIDLEY H.R.A FROM: CITY OF FRIDLEY RE: BILLING FOR ADMINISTRATIVE AND OPERATING EXPENSES MAY 1996 MAY 1996 ADMINISTRATIVE BILLING: ADMINISTRATIVE PERSONAL SERVICES ADMINISTRATIVE OVERHEAD COMPUTER OVERHEAD (For Micro & Mini computers) TOTAL ADMINISTRATIVE BILLING: OPERATING EXPENSES: Account #E's for HRA's Use 19,800.75 275.85 200.25 460 -0000- 430 -4107 20,276.85 Account #E's for City's Use 101-0000-341-1200 101 -0000- 336 -3000 101 -0000- 336 -3000 CITY OF FRIDLEY —TEMPORARY EMPLOYEE 262 -0000- 430 -4104 120.06 236 - 0000 - 336 -3000 CITY OF FRIDLEY — MEDICARE 262 -0000- 430 -4120 1.74 236 - 0000 - 336 -3000 CITY OF FRIDLEY — FICA 262 -0000- 430 -4122 7.44 236 - 0000 - 336 -3000 CITY OF FRIDLEY —WORKERS COMP 262 -0000- 430 -4150 2.85 236 -0000- 336 -3000 US POSTAL SERVICE — POSTAGE 262 - 0000 - 430 -4332 50.72 236 -0000- 336 -3000 NORTH MEMORIAL — FITNESS TESTING 460 - 0000 - 430 -4330 59.00 236 -0000- 336 -3000 US POSTAL SERVICE — POSTAGE 460- 0000 - 430 -4332 250.02 236 - 0000 - 336 -3000 US WEST — PHONE SERVICE 460- 0000 - 430 -4332 14.40 236 -0000- 336 -3000 CITY OF FRIDLEY — PARKING 460- 0000 - 430 -4333 1.25 236 -0000- 336 -3000 BENEFITS EXPENSES: CITY OF FRIDLEY — HEALTH INS, JUNE CITY OF FRIDLEY — DENTAL INS, JUNE CITY OF FRIDLEY — LIFE INS, TOTAL OPERATING EXPENSES: 262-0000-219-1001 262-0000-219-1100 262 -0000 -219 -1200 TOTAL BENEFITS EXPENSES: TOTAL EXPENDITURES — MAY 1996 File: \12WATA \HRA \nF\WBILL.wM Details 3 507.48 182.40 236 -0000- 219 -1001 20.53 236 -0000- 219 -1100 0.00 236-0000-219-1200 202.93 $20,987.26 N r- Ln J N H J O 1n I-- to a M r 7r S O U G 3A w ce C3 w ¢m o_ f Z r 0 0 a w a r o o In o C) 0 0 2 O O N O O O O O O O O O O i IS, ti O O O O O ¢ O f- O CO O O r )n a � O O d CO M O M N W U W oC r U W O CL CL r Z w Y C Y i �ECt O J r w to G o_ ( L T n L C o_ C d C o C 0 .... yW ,� J in t m C W C ¢ T W W 6E7 6E1 Q i Q) a NE ¢ oC O U O U oC c 7 w oC r G) 4.7 L tl) Y Y Z o_ N U U U V) C N N U1 w U G1 3 C W C W C) 3 O) 7 G) 3 N 3 o v a o `�° o L0 w w r x wrn J¢ w W 0 O 0 O 0 O 0 O 0 O 0 O 0 O O U tq o7 x O O M O O O O oC Y O O O O N O O IL Q •G! 2 �t f� N (\j CT r O N 10 O •O C) O O U Z M M d o O O O O O O O O U O O O O O O O L U O O O O O O W ¢ O O O O M O O Q) U I O •O O In t In O cO N O t� O h D` >. 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U �� 1,1,1, �r-� •"•NM MMMM 00000000000 000000 00 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ W O cc aa LL � \ \ (n � (n (n (n (n (n (n (n (n (n (n u', (n v� 1010 101010101010 101010 10 10 10 10 10 10 1010 �� DATE: TO: MEMORANDUM HOUSING AND REDEVELOPMENT AUTHORITY June 7, 1996 William Burns, Executive Director of HRA FROM: Barbara Dacy, Community Development Director SUBJECT: Master Plan Approval for Lake Pointe Office Park; MEPC American Properties The Planning Commission at its May 15, 1996 meeting recommended approval of the Master Plan for Lake Pointe Office Park. An abbreviated version of the staff report is attached for your review. The Contract for Exclusive Negotiations required MEPC to submit a.Master Plan for City Council and HRA review and approval. The property is also zoned S -2, Redevelopment District, and it also requires approval of "specific development plans" by the Planning Commission, City Council, and HRA. Summary of Issues The proposed plan includes 582,000 square feet of corporate office space and 90,313 square feet of supportive commercial uses. Four multi -story office buildings are proposed, and three commercial buildings. The proposed plan is consistent.with the City's objectives for redevelopment of the proposed site. The petitioner, as the property develops, must submit plat applications and comply with the development requirements of the City and other applicable agencies. Other Issues The City received a draft of the Indirect Source Permit. The MPCA is prepared to issue a final Indirect Source Permit based on the application which the HRA submitted in March. There are no significant stipulations or requirements which will hamper the development of the property. I am meeting with MEPC on Tuesday, June 11, 1996 regarding their next steps on marketing the site. They are planning a "marketing event" and MEPC will be prepared 0 Master Plan Approval June 7, 1996 Page 2 to discuss that at Thursday's meeting. Merrill Busch is also working on a cost estimate for a four -page brochure which would accommodate inserts about Fridley. MEPC has indicated the need for promotional materials about the community as well as inclusion of "hard data" about the City's tax rates and other community amenities. Recommendation Approval of the proposed Master Plan is recommended subject to approval of the Planning Commission's recommendation by the City Council at its June 24, 1996 meeting. BD /dw M -96 -270 PLANNING COriMISSION MEETING, MAY 15, 1996 PAGE 7 Ms. Savage asked if the violation of an ordinance was a misdemeanor. Mr. Hickok stated yes. UPON A VOICE VOTE, ALL VOTING AYE, VICE - CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: CONSIDERATION OF MASTER PLAN APPROVAL FOR LAKE POINTE OFFICE PARK BY MEPC AMERICAN PROPERTIES INC.: The S -2, Redevelopment District requires review and approval of a development plan in areas when redevelopment is proposed. The petitioner is proposing to construct 582,000 square feet of multi -story corporate office space and 90,313 square feet of supporting commercial uses, including a one - story restaurant, a four -story hotel, and 20,000 square feet for a bank /office. The site is located in the northwest corner of I -694 and Highway 65. MOTION by Ms. Modig, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:04 P.M. Ms. Dacy stated the Lake Pointe property is located in the northwest corner of I -694 and Highway 65. The site is approximately 41 acres and 32.77 acres without the outlots and ponds. The site is served by Highway 65 and the West Moore Lake and Central Avenue intersection. Lake Pointe Drive rings the site along the south and links the site to 7th Street on the west. Bridgewater Drive is to the north. There is a zoned area of R -1, Single Family, along the north of the site. The purpose for the zoning was for a buffer strip. The remainder is zoned S- 2, Redevelopment District. The purpose of the Planning Commission review is to review the proposed development plan for this property which is required by the zoning. A redevelopment district gives the City a maximum amount of control and flexibility in how to evaluate what goes on at the property. It gives the City a say in what uses are or are not appropriate and gives the Planning Commission, the City Council and the Housing & Redevelopment Authority (HRA) the ability to approve or disapprove each project, building and /or use in this area. The master plan approval is the first step in the development process for this property. Ms. Dacy stated the project may take 8 to 10 years to complete. MEPC is the petitioner for this site. They have entered into a >'f? contract for exclusive negotiations with the HRA. Essentially, the contract states MEPC has the authority on the HRA's behalf to M PLANNING COMMISSION_MEETING, MAY 15, 1996 PAGE 8 try to bring development to the property. That contract also requires MEPC to submit a master plan. Ms. Dacy stated the plan is similar in terms of concept and vision as the plan established by the City 10 years ago. The City and HRA have seen this site historically as an office park with supporting uses. The proposed plan is similar in vision and use but less intense than the original plan. What is being proposed on the site is a 582,000 square foot of office space in four buildings and 90,313 square feet of commercial use in three buildings. Starting at the west portion of the site, the first two office buildings are proposed to be five - stories, the third building with six stories, and the fourth building having eight stories. A parking ramp is proposed to be located to the north of the office buildings. The first parking level would be below grade, the second level at grade, and the third level one story above grade. The types of uses proposeq are office and corporate uses. The commercial uses include a restaurant, a four -story 130 -room hotel, and a bank or other smaller type of office use. Ms. Dacy stated a technical detail is that the property is not platted at this time. Prior to the developer coming in and receiving permission to construct a building, the petitioner must have a plat for every building or group of buildings they intend to construct. Ms. Dacy stated architecture is something the Planning Commission may want to discuss.with MEPC. MEPC has submitted a written summary of the types of materials being evaluated. Open areas are being proposed. There is also a plan for consistent landscaping, signage and lighting. Most of the signs proposed are already consistent with the ordinance. MEPC is proposing to construct two fairly large signs which are bigger than what we have seen in Fridley. This will be discussed at a later time. Ms. Dacy stated another issue is traffic. This is probably the most important issue pertaining to this development. The traffic consultant for the HRA is at the meeting. He has completed an updated analysis. The major findings were that the intersection at Highway 65, West Moore Lake Drive, and Central Avenue needs to be improved. Additional turn lanes need to be provided into the development as well as alignment shifts to align West Moore Lake Drive and the development. The City is committed to completing the improvements. The City has applied for Federal funds to help fund these improvements. It could take two to three years to get all the approvals required for this project. Traffic is also a concern of the neighborhood. Another thing to evaluate is a transportation demand management strategy. We would be trying to encourage transit into and out of the site (i.e. car pools, van pools, buses, etc.) to discourage single occupancy vehicles and 4C PLANNING COMMISSION MEETING, MAY 15, 1996 PAGE 9 to encourage high occupancy vehicles. With less cars on the roadway, there is less congestion. Ms. Dacy stated staff worked with the developer on the lighting. They have agreed to reduce the lighting to 12 to 15 feet on Bridgewater Drive to minimize the impact to the residential area. Ms. Dacy stated the developer is proposing substantial landscaping on the north side. The site now has 393 trees. The plan proposes an additional 405 trees which is in excess of the requirement of 672 trees. Staff is working with the developer to install larger plant sizes north of the parking decks as well to establish a buffer from the residential area. Ms. Dacy stated the developer wants a nine -foot wide parking space which will require a special use permit. If that is proposed,.they will have to come through the process. Ms. bacy stated the Parks and Recreation Commission looked at this request. The Commission recommended that the park fees be paid up front at the time prior to the first building permit. Ms. Dacy stated the developer is adding five ponds to the five already on the site for storm pond management. One pond is in the northeast corner of the site. About 40% of the site runs into Moore Lake and is under the jurisdiction of Rice Creek Watershed. A permit from the watershed district is required. Ms. Dacy stated staff recommends approval of the proposed master plan. The proposed plan is consistent with the redevelopment objectives of the City. As a next step, the proposed plan will go to the HRA on June 13 for their recommendation. The plan will then go to the City Council on June 24. Then, if approved and MEPC is successful in bringing development to the site, they will then be back for the plat and special use permit. If approved, staff recommends the following stipulations: 1. Appropriate plat applications shall be submitted and approved prior to development of the property. 2. All uses in the development shall comply with the following list of permitted uses: office uses typically associated with corporate /Class A office developments; hotel and conference facilities; banks /financial institutions; Class III restaurants as defined in Section 205.03.59 of the zoning code; daycare facilities; and other uses as specifically approved by the City. Uses allowed in each individual building after construction will be the same or similar to those uses identified in this application. The City shall review and approve each use prior to occupancy. EEO PLANNING COMMISSION MEETING, MAY 15, 1996 PAGE 10 3. Detailed architectural plans of each building shall be submitted during the plat application process; or if a plat is not required, plans shall be submitted, reviewed, and approved by the City prior to issuance of a building permit. The type of materials used on the exterior walls shall be approved by the City. 4. A comprehensive signage plan shall be reviewed and approved by the City Council prior to issuance of the first building permit based on the plan dated March 29, 1996 and addressing the following issues: A. Wall signs (building identification and tenant signage) shall meet the wall sign requirements of the sign code. B. No free - standing pylon signs are permitted. C. Height, width, illumination and type of all signs -shall be clearly identified. D. Two free - standing project identifier (D) signs are permitted; the size and height to be approved by the City Council. r. E. All free- standing signs shall be set back ten feet from l property lines. F. The petitioner shall receive a sign permit prior to installation. 5. The petitioner shall work with the City in preparing transportation demand strategies to promote ride - sharing and transit use to the property. 6. 12 to 15 -foot light standards shall be installed shall be installed along Bridgewater Drive adjacent to the residential area. Sodium high pressure lights shall be used for the parking lot lights and street lights. 7. If the parking decks or parking areas ar within the R -1, Single Family Dwelling zone, a special use permit must be obtained prior to issuance of a building permit. 8. If nine -foot wide parking spaces are to be proposed within the development, a special use permit as required by the S- 2, Redevelopment District, must be obtained prior to issuance of a building permit. 9. Appropriate permits from the Rice Creek Watershed District, t, Six Cities Watershed Management Organization, and the 4E PLANNING COMMISSION MEETING,__MAY 15, 1996 PAGE 11 Minnesota Pollution Control Agency for storm water management and grading shall be obtained prior to the issuance of a building permit. Detailed engineering plans and calculations shall be submitted in conjunction with plat applications and building permit applications for review and approval by the City. 10. When appropriate, MEPC shall accept the transfer of the Indirect Source Permit from the HRA. 11. Detailed landscaping plans shall be submitted in conjunction with plat and building permit applications. 10 to 12 -foot evergreens shall be installed along the north wall of the parking deck. The detailed landscaping shall be based on the concept plan dated March 29, 1996. An irrigation plan shall also be submitted at time of building permit issuance. 12. Park fees shall be paid prior to the initiation of construction of the first development on the site. Easements shall be dedicated at the time of plan approval over the existing bikeway /walkway areas. Mr. Saba asked Ms. Dacy to clarify the wetland mitigation required and the classification of the wetland on the site. Ms. Dacy stated the consultant indicated there are no wetland areas within the project on the site. One pond constructed 10 years ago was constructed in a wetland area at that time. The wetland issues are going to be the responsibility of the City when the City evaluates the reconstruction of the Highway 65 intersection. Part of the reconstruction is to add a southbound right turn lane on Highway 65 into what will be Lake Pointe Drive. There is a small amount of the wetland areas that is adjacent to Moore Lake. Ten years ago, the City applied for and received a permit, but that permit has expired. The requirements since then have changed. We must comply with the current requirements. Mr. Farr stated he is an architect with Ed Farr and Associates. They have designed a master plan for a high quality, Class A commercial development with mid -rise and low -rise office buildings on a 24.5 -acre westerly portion of the site and low - rise commercial and hospitality uses on an 8.2 -acre easterly parcel. The office buildings would have a freeway exposure. Commons areas were created for enjoyment of a park -like area. In addition to the walking paths proposed, an enclosed walkway between the office buildings is proposed to enhance the sense of community and to share services: nry,, 4F PLANNING COMMISSION MEETING MAY 15 1996 PAGE 12 Mr. Farr stated support services to the east include a restaurant, a hotel, and a bank near the entrance. These services are appropriately located near the entry to Lake Pointe. Mr. Farr stated the exterior materials were chosen to convey warmth, sensibility, and texture. Brick will be incorporated. Architectural precast concrete wall panels will be used as well. They do not intend to make all the buildings look alike. The glass used will be energy efficient, reflective, insulating glass in subdued shades. The architectural trim and detail will be incorporated in a human scale. Rooftop units will be architecturally concealed. The commercial buildings would have their own architecture but they still have control over the design. Mr. Farr stated the paved path would continue to serve the community. A climate - controlled walkway, is proposed along the south side of the parking ramps for year around pedestrian access. The Lake Pointe commons areas will be a public space amenity. The central plaza would have a water feature and plants. They envision this area to be a lively experience with public concerts, etc. Mr. Farr stated the landscaping is in keeping with the previous developer's concept. Similar plants are being proposed using deciduous and coniferous trees. Shade trees will be used in and around the parking lot. Coniferous trees will be used for screening with under story flowering trees for interest. Coniferous trees and a berm along the parking ramp will be used to screen and provide a buffer strip. Trees in good condition will be transplanted on site to where they are needed. Trees in the buffer strip along the north will not be disturbed. The area will be sodded or seeded and an irrigation system installed. Mr. Farr stated they are trying to achieve a minimal impact to the residential neighborhood. The parking takes a setback of 140 -feet from the lot lines. The tall office buildings have been placed as far away as possible. No buildings are taller than what was previously approved. The buffer zone has been established and is also a sound barrier. A berm will be provided to screen the parking decks as much as possible. Shared pathway systems are in place for circulation around the building area. The Lake Pointe commons is intended to provide an area for the community. New businesses will provide services to the community as well. Mr. Oquist asked if they had started to discuss this proposal with the neighbors. 4G PLANNING COMMISSION MEETING, MAY-15-1 1996 ___ _. ___PAGE 13 Mr. Farr stated two neighborhood meetings have been held. Two items that resulted were the lower lights to minimize glare and to minimize the impact of the parking decks they are supplementing berms with plantings on top of the berms to buffer. Mr. Oquist asked if the property to the north of the walkway will be as it is. Mr. Farr stated this was correct. There will be no grading outside of the loop. Mr. Oquist asked if they would be responsible for all seven buildings. With one project manager involved, you get consistency of construction which is what he wants to see. Mr. Farr stated he would defer that question to MEPC. MEPC is controlling the development of the initial construction. Mr. Jellison, MEPC, stated they have two office parks in the cities today. In the southwest corner of I -394, they have the Minneapolis West Business Center. They are planning something similar here. They will put money into the office building and they also want all of the project to fit together. Mr. Oquist asked if MEPC would also be managing the four office buildings. Mr. Jellison stated MEPC would construct, manage, lease, etc. Mr. Oquist stated this project is smaller than the original one. How much different is this proposal? Ms. Dacy stated the original plan had a total of nine buildings with a total of 749,000 square feet. This is a total of 672.,000 square feet so it is approximately 80,000 square feet less. Woodbridge also proposed alignment of the buildings east /west as opposed to this plan with the buildings north /south. Mr. Oquist stated it is nice to think in terms of van pools, etc. What has been done about the traffic patterns through the neighborhoods and out on Highway 65? Ms. Dacy stated there was a set of preliminary drawings 10 years ago that were evaluated by MnDOT. We are relooking at those plans, updating them according to the current standards, and looking at improvements to the ramps coming off I -694 as well. Anoka County has the Central Avenue link at the intersection. Ms. Dacy stated the City is speaking with MnDOT about a similar proposal for the ramps off University due to the construction of Home Depot. Home Depot also is looking at additional 4H PLANNING COMMISSION MEETING, MAY 15, 1996 PAGE 14 improvements to the west on 57th. Ms. Modig stated two houses were removed. Will this require removal of any additional homes? Ms. Dacy stated two houses were acquired and those are the only homes required to be removed. Mr. Kondrick stated a walkway had been discussed to connect the buildings. At what level would this walkway be constructed? Mr. Farr reviewed the elevation drawings showing a cross section of the site. The walkway would extend along the front of the parking deck, would be completed enclosed, and be climate controlled. While the buildings are office, there may be some supporting services included in the office buildings as well. Mr. Kondrick asked if there was a timetable. Mr. Jellison stated they anticipate 8 to 12 years. Much will be dependent on the market and how quickly they can find users for the facility. They now have a request for proposal for one user looking for a corporate headquarters. They have also had other users looking at the site. They are not prepared to build without tenants. Mr. Jellison provided a history of the company. Their company has offices and holdings throughout the world and have a regional office in the metropolitan area. Ms. Leslie Jowett is the leasing coordinator for this project. Their company builds, leases, manages, and maintains their buildings. Mr. Jim Shunt, project manager, will oversee construction. Mr. Oquist stated 8 to 10 years seems like a long time for a project to continue. What guarantee do we have that MEPC will stay with the project for that time? Mr. Jellison stated MEPC has a two -year window with the City to get something to happen or the City can ask MEPC to leave. MEPC's goal is to build and to have parks. It does not work well to have one building by itself. With additional buildings and as companies grow, we can take them into one of our buildings and they can grow with us. Our goal is to grow with our tenants. Much of what happens is based upon the market. Even during difficult times, MEPC has never lost a project. Mr. Oquist stated they had mentioned a common area by the buildings for entertainment. He did not want loud music. 41 PLANNING COMMISSION MEETING, MAY 151 1996 PAGE 15 Ms. Dacy stated the same concern came from the neighborhood. Staff will evaluate that along with the developer. The HRA's intent in developing the site is to maintain as much control as possible. The contract states MEPC can market the site on behalf of the HRA. If MEPC gets a user, the HRA will negotiate with MEPC for the land to get a building up and parking in. There is an incentive in a second building. It will be a partnership type of approach. Mr. Douglas stated at this time there is traffic in the morning that builds up on the entrance ramp to I -694 west. Will reconstruction alleviate that problem? Ms. Dacy stated they are adding capacity to the intersection so that should help somewhat. Staff has talked to MnDOT about the eastbound ramp onto Highway 65. It may help because there will be additional lane capacity. Mr. Benshoof stated they did a traffic study on the City's behalf. Intersection improvements will add capacity for the southbound traffic. We have no control over the ramp meter or the rate at which it works which is under the control of the State. Mr. Oquist stated, if we do construction on the intersection, we need to take into consideration that it does not adversely impact the current traffic flow which is now bad at best. Ms. Dacy stated this was a good point and she will bring that up with the State staff. Now that we have a plan that is up to date and recent, they can start to evaluate it for what they need to do for the intersection. Mr. Kondrick asked if the petitioner, after reading the recommendation by staff and reviewing the 12 stipulations, had any problems with the stipulations. Mr. Farr stated they generally agree with the 12 recommendations. On #8, they will be asked for the 9 -foot wide parking stall which is consistent with most communities in the area and consistent with the low turnaround rate of this type of business. Mr. Saba asked if they had any ideas of what they can do in that space to reduce traffic. Ms. Dacy stated the developer and she have not had an opportunity to delve into that area. Cities along I -494 have developed a coalition to find out where employees are coming from, where they are going, and developing a program around that. MTCO has a good program on car pooling. That would help on peak hour traffic. 4J PLANNING COMMISSION MEETING MAY 15 1996 PAGE 16 Mr. Oquist asked if consideration has been given to have a bus route on the west side. They had also talked about a walkway over Highway 65 at the time of the original proposal. Ms. Dacy stated she has not seen anything about a walkway. It is a challenge across Highway 65 and University to make intersections safe for pedestrians. They have talked with MTCO staff and discussed what we can do to promote transit use to this site. Mr. Farrier asked how the interim maintenance was being addressed. Ms. Dacy stated the HRA is responsible for taking care of the lawn. Mr. Farrier asked if that would contini�g. Ms. Dacy stated this would continue as long as we own the property. When the property is sold, MEPC will be responsible for the maintenance. Mr. Farrier asked if a fence has been or should be considered -to the north side of the development. Ms Dacy stated there are some properties who have chain link fences and some do not. They.have not at this point discussed a typical screening fence. The intent has been to provide for as much vegetation and trees as possible. Mr. Kondrick asked the distance between the residential property lines and the parking ramp. Ms. Dacy stated from the property line to the street is about 40 feet, then the street itself, and then another 50 to 60 feet to the edge of the parking deck. Ms. Modig asked if the property owners will be impacted mostly by the parking areas. Ms. Dacy stated, if you go west to east, the elevation increases. Some of the homes are below the buffer strip. There is a buffer there and there will be a berm in front of the parking ramp with trees on top of the berm. Mr. Farrier stated he thought a fence should be considered along the north side and also along Kerry Lane. Mr. Farrier asked if they had considered the effect on Moore Lake. Is an environmental impact study underway ?? PLANNING COMMISSION MEETING MAY 15 1996 PAGE 17 Ms. Dacy stated they have addressed the environmental impact on Moore Lake. Ten years ago, five ponds were constructed to handle run off from the parking lots and buildings. MEPC is proposing five additional ponds to contain water. The watershed district is to evaluate the impact. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE - CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:17 P.M. MOTION by Ms. Savage, seconded by Mr. Oquist, to recommend approval of the master plan for Lake Pointe Office Park by MEPC American Properties, Inc., with the following stipulations: 1. Appropriate plat applications shall be submitted and approved prior to development of the property. 2. All uses in the development shall comply with the following list of permitted uses: office uses typically associated with corporate /Class A office developments; hotel and conference facilities; banks /financial institutions; Class .III restaurants as defined in Section 205.03.59 of the zoning code; daycare facilities; and other uses as specifically approved by the City. Uses allowed in each individual building after construction will be the same or similar to those uses identified in this application. The City shall review and approve each use prior to occupancy. 3. Detailed architectural plans of each building shall be submitted during the plat application process; or if a plat is not required, plans shall be submitted, reviewed, and approved by the City prior to issuance of a building permit. The type of materials used on the exterior walls shall be approved by the City. 4. A comprehensive signage plan shall be reviewed and approved by the City Council prior to issuance of the first building permit based on the plan dated March 29, 1996 and addressing the following issues: A. Wall signs (building identification and tenant signage) shall meet the wall sign requirements of the sign code. B. No free - standing pylon signs are permitted. C. Height, width, illumination and type of all signs shall be clearly identified. am PLANNING COMMISSION MEETING, MAY 15, 1996 PAGE 18 D. Two free - standing project identifier (D) signs are permitted; the size and height to be approved by the City Council. E. All free - standing signs shall be set back ten feet from property lines. F. The petitioner shall receive a sign permit prior to installation. 5. The petitioner shall work with the City in preparing transportation demand strategies to promote ride - sharing and transit use to the property. 6. 12 to 15 -foot light standards shall be installed shall be installed along Bridgewater_Drive adjacent to the residential area. Sodium high pressure lights shall be used for the parking lot lights and street lights. 7. If the parking decks or parking areas ar within the R -1, Single Family Dwelling zone, a special use permit must be obtained prior to issuance of a building permit. B. If nine -foot wide parking spaces are to be proposed within the development, a special use permit as required by the S- 2, Redevelopment District, must be obtained prior to issuance of a building permit. 9. Appropriate permits from the Rice Creek Watershed District, Six Cities Watershed Management Organization, and the Minnesota Pollution Control Agency for storm water management and grading shall be obtained prior to the issuance of a building - permit. Detailed engineering plans and calculations shall be submitted in conjunction with plat applications and building permit applications for review and approval by the City. 10. When appropriate, MEPC shall accept the transfer of the Indirect Source Permit from the HRA. 11. Detailed landscaping plans shall be submitted in conjunction with plat and building permit applications. 10 to 12 -foot evergreens shall be installed along the north wall of the parking deck. The detailed landscaping shall be based on the concept plan dated March 29, 1996. An irrigation plan shall also be submitted at time of building permit issuance. 12. Park fees shall be paid prior to the initiation of construction of the first development on the site. 4M PLANNING COMMISSION MEETING MAY 15 1996 PAGE 19 Easements shall be dedicated at the time of plan approval over the existing bikeway /walkway areas. UPON.A VOICE VOTE, ALL VOTING AYE, VICE - CHAIRPERSON KONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated the HRA would consider this item on June 13 and the City Council will consider the request on June 24. 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #96 -10, BY GLEN DOUGLAS: Per Section 205.07.01.C.(1) of the Fridley City Code, to allow an accessory building other than the first accessory building, over 240 square feet, on Lot 2, Block 1, Meadowlands Addition, generally located at 871 - 66th Avenue NE , MOTION by Mr. Saba, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE- CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 9:20 P.M. Ms. McPherson stated this special use permit request is to allow a second accessory structure in excess of 240 square feet. The subject parcel is located on 66th Avenue north of Mississippi Street and east of Jackson Street. The property abuts Meadowlands Park. Located on the subject parcel is a single family dwelling unit with an attached garage. The petitioner is proposing to construct a 20 foot x 24 foot accessory structure in the rear yard. The rear yard does slope from the street level down toward the back of the property and towards Meadowlands - Park. The lower level of the dwelling is a walk -out. Ms. McPherson stated the petitioner has submitted plans for a metal accessory structure. The front would be wood. The request does not exceed the maximum structural coverage of 25% permitted by code and meets the setback requirements for accessory structures in a rear yard. Ms. McPherson stated the petitioner's request for a metal accessory structure is somewhat unusual when compared to similar cases the Planning Commission has reviewed in the past. In similar cases, the City has typically granted a special use permit with the stipulation that states the accessory structure is to be architecturally compatible with the primary structure on the property. The property to the east of the petitioner has a structure of similar construction and materials. The City did PLANNING COMMISSION MEETING MAY 15 1996 PAGE 20 permit construction of a metal building at 7738 Elm Street but stipulated that either the residential structure or the metal structure be removed within 10 years of construction of the accessory structure. Elm Street is located in the Onaway Industrial District. In that district, homes are a legal, non- conforming use. Since the permit was issued, the residential structure has been removed and the property is now an industrial use. Also typical with these types of requests is a stipulation that no home occupation take place within the structure. Ms. McPherson stated staff recommends approval of the request with the following stipulations: 1. The accessory structure shall be architecturally compatible with the existing dwelling, and shall be constructed of similar materials. 2. The structure shall at no time bey utilized for a home occupation. Mr. Douglas stated he would appreciate approval for a steel building. He realizes it is an unusual request in that area. The building proposed is a steel Master.building. He chose it f' because it is very substantial and can stand up to wind. He would like the Commission to consider the steel building with a stipulation that, if the property is sold, the building would be removed. He could build a wood structure but the metal structure best fits his needs. It has full capacity for storing projects and does not restrict the inside use. Mr. Kondrick asked if the building would be the same color as his home. Mr. Douglas stated the building would be a metal color. It is galvanized on the outside. Ms. Modig asked what he would be using this structure for. Mr. Douglas stated it would be for a hobby shop. He now has a shop in his basement but he does not have room for his tools. Mr. Kondrick asked what type of tools he would use. Mr. Douglas stated his tools include a lathe, saws, etc. Mr. Kondrick asked if he thought there would be a problem with noise from the tools. Mr. Douglas stated he has not yet had a complaint. This building #j would be insulated. ANALYSIS OF LAKE POINTE OFFICE PARK PROPOSAL MEPC AMERICAN PROPERTIES INC. STAFF REPORT COMMENTS BACKGROUND In 1995, the HRA entered into a Contract for Exclusive Negotiations with MEPC American Properties Inc. to market the site and to attract office and commercial development typically associated with successful office parks. The contract expires August 1, 1997 if a redevelopment contract for first phase construction is not executed. LEGAL BASIS FOR REVIEW The S -2 Redevelopment District is intended "to allow maximum flexibility in the promotion of difficult redevelopment districts" and "to allow for development by a plan which is acceptable to, and in the best interest of, the City and the overall district and development plan." The district permits the City to determine the permitted and excluded uses in the development. It also requires approval of "each individual project or combination of projects" by the Planning Commission, HRA, and City Council. PURPOSE OF MASTER PLAN The purpose of this review is to approve the overall development plan of the redevelopment project, as required in the S-2 District, and to review the plan as required in the Contract for Exclusive Negotiation. PROPOSED PROJECT; MEPC AMERICAN PROPERTIES Project Characteristics The proposed master plan prepared by MEPC dated March 29, 1996 maintains the City's vision for the property as a corporate office park with supporting commercial uses. As in the original proposal, multi level parking facilities are proposed between the neighborhood and office buildings. While the general land use pattern and vision of the property remains the same, there are differences between the original plan and MEPC's proposal. In general, the MEPC plan is less intensive. Density /Building Square Footage The amount of total construction proposed by MEPC is 672,313 square feet as compared to the original 749,730 square feet; a difference of 77,317 square feet. Analysis of Lake Pointe Office Park Proposal Page 2 Seven buildings are proposed as compared to the original 9. Four office buildings totalling 582,000 square feet are proposed along Lake Pointe Drive. Two three level parking decks separate the buildings from the buffer strip and the neighborhood to the north. The commercial uses include three buildings totalling 90,313 square feet. A 9,845 square foot restaurant, 130 room hotel, and a 20,000 square foot bank/office building is proposed. Development Staging The property is proposed to be developed over an 8 to 12 year time frame. Phase one construction may include construction of the western most office building (124,000 square feet) plus some or all of the commercial uses (90,313 square feet). Construction is anticipated to begin in the fall of 1996 or Spring of 1997. All of the phase 1 uses could be completed by 1999. Each office building will probably be constructed during an eighteen month time frame depending on market demand. It is anticipated that the development will be completed by 2007 or 2008. Height and Lot Coverage The four office buildings vary in building height from five stories to eight stories. From west to east the buildings increase in height with two five story buildings, a six story building, and an eight story building. Unlike the original plan, the buildings are aligned in a north /south fashion as opposed to east/west. The proposed hotel is 4 stories tall, the restaurant will be one story, and the bank/office building will be two stories. These heights are the same as or smaller than the building heights ultimately. approved for the original plan. Two eight story buildings were originally proposed in the center of the development flanked by one six story, one four story, and two three story buildings. The hotel was proposed at six stories. The floor area ratio for the MEPC proposal is also less intensive than the originally approved plan. The total "footprint' of the seven buildings equals 132,160 square feet as compared to the originally approved 155,922 square feet. The total lot coverage is 7% as compared with 10% from the previous proposal. Traffic In order to assess the traffic impact of the MEPC proposal, the HRA hired Benshoof and Associates to update the original 1986 traffic study. As part of the update KAZJ Analysis of Lake Pointe Office Park Proposal Page 3 process, Benshoof was asked to incorporate recent information from current traffic studies on the Home Depot store to the west of the site, as well as conducting new turn movement traffic counts at the Highway 65 intersection and other affected intersections. Traffic projections were then developed using existing data plus a growth rate of 1% per year plus the proposed trip generation rates (as determined by the Institute of Transportation Engineers Trip Generation, 5th Edition) for the proposed development. In order to analyze a worst case scenario and to provide flexibility for possible additional development, a higher total development square footage beyond the MEPC total was used (729,345 square feet versus 672,313 proposed by MEPC). The additional square footage was assumed to be office space. The 1986 traffic analysis identified three roadway improvement projects which were to occur by 1988 and which would improve traffic conditions in the area: 1) widening of 1 -694 to provide three lanes in each direction; 2) construction of the T.H. 610 bridge crossing over the Mississippi River; and 3) installation of the frontage road between 7th Street and 57th Avenue (past the Super America and Motor Valet sites). All of these have been constructed. In 1986, 2,925 parking spaces were proposed. The current plan proposes 2,811 parking spaces. Because of the number of spaces and the site's location at a major interchange, the MPCA requires an Indirect Source Permit to evaluate the air quality from the traffic generated from the development. The traffic projections therefore have to be prepared prior to completing the air quality analysis (see section below). The anticipated amount of P.M. peak hour trips at full development in 2008 is 1,207 trips. In the 1986 study, 1,329 trips were anticipated at the P.M. peak hour in the year 2000 with full development. Since 1986, the methods of calculating traffic impacts and computer modelling has changed to provide more accurate estimates. The trip generation rates are also continually updated by the Institute of Traffic Engineers. The trip distribution is similar to the originally analyzed plan. About 59% of the trips will enter /leave the site at the Highway 65 intersection. The remaining 41 % will enter /leave the site from the west. The updated traffic analysis makes similar findings for the necessity of improving the intersection at Highway 65 as did the original analysis. The intersection currently operates at level of service D. If the improvements are not made, the intersection will operate at level of service F in 1999 (potential year of completion of phase 1) and in 2008 at full development. 0 Analysis of Lake Pointe Office Park Proposal Page 4 A preliminary concept plan of the improvements was developed in 1986 and was reviewed on a preliminary basis with appropriate agencies. The updated analysis has confirmed that the original concept plan for improvements should be used as the basis to improve the intersection. The traffic consultant also suggests working with MnDOT to modify the exit ramp from westbound 1 -694 to northbound T.H. 65 to provide traffic signal control at the intersection of the ramp and northbound T.H. 65. This modification is to safely accommodate motorists travelling from the east on 1-694 to the west on West Moore Lake Drive. The City has made application for and received federal funding to offset the cost of the intersection improvement. City staff is currently developing a timetable for preparing the detailed plans and construction of the intersection for City Council and HRA approval in the near future. Once the improvements are made, the traffic analysis shows that the intersection will operate at level of service D at full development. Depending on when the improvements are made in the late 1990's, traffic operations will improve prior to full development. The updated analysis also shows that other intersections serving the property will operate at acceptable levels of service. The 57th Avenue and University Avenue intersection will operate at level of service D in 2008 if appropriate signal modifications are made to provide east and west approach left turn arrows and a right turn arrow for the west approach. The 7th Street and Lake Pointe Drive intersection will operate at level of service A, except the northbound and westbound movements will operate at B and C respectively. The 57th Avenue and 7th Street intersections oust to the northwest of the site) will generally operate at level of service A, with some movements at B and C in the year 2008. Traffic will increase in this area as a result of the development, but both 7th Street and 57th Avenue are designed to handle volumes in excess of what is being projected. Air Quality Existing air quality tests for carbon monoxide (CO) levels was completed at the park site just south of the Fridley High School. The baseline data in the 1986 EAW was outdated and MPCA required new testing. Projections of carbon monoxide concentrations were then developed for 15 receptor sites around the development at phase 1 completion in 1999 and in 2008 with full development. Assumptions were made about the vehicle speed and wind direction /speed. Also incorporated into the analysis was the traffic projections and signal cycle timing assumptions at affected intersections. The consultant used a 4S Analysis of Lake Pointe Office Park Proposal Page 5 MPCA approved computer projection model. The analysis revealed that there were no violations of one hour or eight hour concentration thresholds in 1999 or 2008 at any of the receptor sites. It was also assumed that the intersection improvements would NOT be constructed; again, a worst case approach. The MPCA standard is 30 parts per million for a one hour concentration and 9 parts per million for an eight hour concentration. The one hour CO levels around the site ranged from 2.1 ppm across 7th Street at a duplex to 7.9 at the Super America at 57th Avenue and University Avenue. The eight hour levels around the site ranged from 1.2 ppm at homes on 57th Avenue to 5.5 at the same Super America. Comparing the current analysis with the 1986 analysis shows, in general, lower CO concentrations. Since 1986, significant changes have been made to the lead content of gasoline, and the State has initiated a vehicle emissions testing program. Further, the computer models for air quality testing have significantly improved. Noise Noise monitoring and projections were developed for the P.M. peak hour. A computer model approved by the MPCA was used to project noise levels at the L10 and L50 levels. The projected noise from the traffic of the proposed development is slight and will not cause perceptible effects (greater than 3 dBa of the applicable State requirements). Both the 1986 and the current analysis shows that existing noise levels at various sites around the development experience a high level of noise from 1 -694 and Highway 65. In some instances, existing noise levels exceed State standards. The noise levels at the single family homes to the north of the development along 57th Avenue will decrease due to the construction of the buildings and parking decks. This overall decrease will occur because the effect of the buildings and parking decks in blocking noise from 1 -694 will more than offset the limited noise increase caused by vehicles traveling to and from the new development. Wetlands Ron Peterson from Peterson Environmental Consulting Inc. toured the site on October 3, 1995, reviewed the U.S. Fish and Wildlife National Wetland Inventory map, and the SCS County Soil Survey for Anoka County. Four of the five existing -stormwater ponds were constructed on uplands and are not considered jurisdictional wetlands. A Wetland Conservation Act replacement plan or an Army Corps Section 404 permit is not required. The fifth pond adjacent to West Moore Lake Drive appears to have 4T Analysis of Lake Pointe Office Park Proposal Page 6 been constructed in a wetland which had existed on the site previously. The pond can continue to be used for stormwater treatment without any additional wetland permits. Peterson Environmental Consulting Inc. also reviewed a schematic of the Highway 65 improvement plans. In order to accommodate a small expansion for an additional southbound right turn lane on Highway 65, about .86 acres of fill may be necessary within Moore Lake. In 1987, the City received a permit from DNR to complete this activity. According to the consultant's analysis, a permit from DNR will again be required as well as an Army Corps permit. Wetland mitigation at a one to one ratio may be required by these agencies. The City will be responsible for these permits and will comply with the requirements of the state agencies. Although new permits may be required, the nature of the fill activity is the same activity originally contemplated in the originally approved plan. Storm Water Management During consideration of the original plan, it was determined that about 18.7 acres of the site drains west into the Six Cities Watershed District (SCWD) and about 23.8 acres drains east into the Rice Creek Watershed District (RCWD). The original plan proposed construction of five ponds and associated storm sewer pipes to temporarily store water after rainfall events and also to improve water quality by providing sediment basins. Five additional ponds are proposed in the MEPC proposal. One of the new ponds located at West Moore Lake Drive will be designed to meet recently adopted .water quality treatment standards. Two of..the ponds will be additional detention facilities, and two ponds are proposed to provide water amenities in between two of the four office buildings. Appropriate permits from SCWMO and RCWD must be obtained prior to plat approval. The legal boundary of the RCWD is located at West Moore Lake Drive, even though part of the site drains into the west basin of Moore Lake. In comparison to the original land use as a drive -in theater, the proposed development will increase the amount of impervious surface and increase the number of ponds for settlement of pollutants and sediments. In addition, the rate of runoff will be slower and will be controlled according to the standards by the watershed management organizations. 4U' Analysis of Lake Pointe Office Park Proposal Page 7 Utilities The site is served by an 8 inch sewer line which is located in Lake Pointe Drive about 640 feet south of West Moore Lake Drive and extends to another 8 inch line in 7th Street. The commercial lot at the West Moore Lake Drive and Highway 65 intersection is served by the 10 inch main in West Moore Lake Drive. Peak flows were calculated for full development during consideration of the original plan. Because the MEPC proposal is smaller, there will be no additional impacts the sanitary sewer system. The site is served by a looped system of 8 inch and 10 inch water mains. Hydrants have also been installed around Lake Pointe Drive and Bridgewater Drive. The size and nature of the water system was based on the original development proposal; there will be no additional impacts to the water system based on the MEPC proposal. Soils An extensive amount of earthwork was completed as part of the street, utility, and site grading project in 1986 and 1987. In general, peat and organic soils were removed and replaced with appropriate materials when necessary. There were 13 areas around the site where peat was removed. Building pads were prepared in accordance with the original plan. MEPC will be responsible for completing additional soil strength testing or adjustment if the building pads need to be changed to match the MEPC proposal. ANALYSIS OF MASTER PLAN Permitted Uses The S -2 District provides the City with the ability to stipulate permitted and prohibited uses within the development. Permitted uses for the Lake Pointe Office Park shall include offices typically associated with Class A/corporate offices, hotel and conference facilities, Class III Restaurants ( "sit down" restaurants), banks and financial institutions, day care uses and other appropriate uses as approved by the City. The zoning district, provides the City with ability to approve or disapprove "uses allowed in each individual building ". If uses are consistent with the permitted uses listed above, no further review by the Planning Commission and City Council will be required. Uses which are unacceptable are fast food restaurants, or industrial uses with significant truck traffic. Instead of identifying a list of prohibited uses, a stipulation is proposed which states R, Analysis of Lake Pointe Office Park Proposal Page 8 the permitted uses and requires City approval of any other type of use which is inconsistent with the permitted uses. Lot and Structural Requirements The property as it exists is not platted. A plat was approved in 1986 but it was not recorded. The HRA will maintain ownership of the property until MEPC finds potential users, and at that time, a development contract will be negotiated for the part of the property proposed to be developed. Plat applications will be required as the property is developed and prior to issuance of building permits. Architecture The petitioner proposes to use brick as either the predominant building material or as paver blocks in pedestrian areas or the landscaping plaza areas. In the narrative submittal dated March 29, 1996, the architect for MEPC also indicates that precast concrete with "warm- toned" aggregate facing or polished aggregate finishing may be used. "We do not intend to make all of the buildings look alike: controlled variety in form, mass, and color is important to provide individuality." The commercial uses will be designed by the companies that purchase the site. MEPC proposes to maintain a design consistency throughout the park by standardizing common elements signage monuments, lighting poles, and landscape materials." Brick, of all colors, has been a major architectural feature of the redevelopment projects in the Center City area (Target office building, Village Green apartments, Columbia Park office buildings, Norwood Square Senior Apartments, and the townhomes in Christenson Crossing) and in public street improvements at East Moore Lake Drive, East River Road, Mississippi Street, and Highway 65 and 53rd Avenues. Brick is encouraged to be used as paver blocks in the landscaped areas since it mimics other street improvement projects. It is also recommended as an element in the design of the buildings recognizing that other materials are also to be used. Because the color schemes and the design of the commercial uses will not be known until the specific corporate entity is identified, the use of common signage, lighting and landscape materials is necessary. It is also suggested that a common architectural feature or material, such as brick, be repeated in the design of the commercial buildings. While it is agreeable to encourage building individuality, drastic differences between the office buildings and the commercial uses should be avoided. The petitioner also wants to be cautious of the appearance and compatibility of the uses as well. 4W Analysis of Lake Pointe Office Park Proposal Page 9 A stipulation is proposed to require detailed architectural plans during the plat application process and to provide for City approval of the materials on the exterior walls. Signage A conceptual signage plan has been submitted which proposes four types of signs: Building Wall Identifier (A); Office Building Entry Identifier (B); Parking Directional (C); Project Identifier (D). Section 214.13 of the City's Sign Code requires Council approval of signs within planned unit development districts. Although redevelopment districts are not specifically referred to in the Sign Code, the district and development are essentially a planned development. The wall identifiers (A) would typically be permitted as well as the building identifiers (B). The wall identifiers would be in addition to tenant signage. The total of all wall signs should not exceed the current standard for wall area signs for commercial buildings. The building identifiers (B) are proposed at 30 square feet and are not pylon signs. These are also proposed for the commercial lots. The typical tall pylon signs are not recommended for the commercial lots. The proposed signs provide continuity with the office buildings and promote a consistent, neat appearance. Wall signs will be easily seen from the interchange area. The directional signs (C) are proposed at 5 square feet and are well placed near the entrances to the parking decks. The project identifiers (D) are proposed at 600 square feet and are proposed at the entrance to the park and between 1-694 and Lake Pointe Drive. Although signs of this type are necessary for developments of this size, further review of the height, width, and size of these signs needs to be completed. The petitioner has indicated that this is an initial proposal and will be refined as tenants are attracted to the site. Staff is currently researching other developments of this nature in relation to signage requirements. A comprehensive sign plan approved by the Council prior to development on the property is proposed as a stipulation. i 4X Analysis of Lake Pointe Office Park Proposal Page 10 Compatibility with Adjacent Neighborhood Two neighborhood meetings were conducted in March and April. Property owners around the entire site were invited. Concerns expressed included traffic, site lines into the neighborhood, lighting, impact on property values, and the improvement to the Highway 65 and West Moore Lake Drive /Central Avenue intersection. There is no question that the development will create additional traffic. The City has initiated and intends to complete the improvement to the Highway 65 intersection as previously discussed in 1986. Federal funding has been approved for the intersection and the necessary steps to complete the improvements are underway in hopes of completing the improvements by 1999 - 2000. The street system to the west of the property will also experience additional traffic but 7th Street and 57th Avenue are designed as collectors to handle the additional traffic. Additional work at the University Avenue /1 -694 intersection is also being proposed to MnDOT. Home Depot is also studying traffic alternatives to 57th Avenues west of University Avenue. In addition, the Metropolitan Council, in its 1989 amendment to the Transportation System Plan, adopted a policy to require cities to implement "transportation demand strategies" where "highly congested corridors" exist. Although improvements to I -694 were completed in 1989 and 1990 which significantly improved its operation, the petitioner and the City should work together to develop and promote transit use by potential office employees including ride sharing programs, buses, and van pools. Further, flexible working hours should also be encouraged to minimize peak hour impacts. It is well documented that peak hour traffic consists of "single occupancy" (single driver) vehicle. A site line analysis was completed by the petitioner and a "balloon study" was completed by City staff. A balloon the height of the buildings was photographed from the buffer area near the residences on 57th Avenue. Although the buildings will be seen from the residential area, there is a sufficient amount of distance to prevent an office worker from seeing into the homes. Further, the landscaping proposed by the petitioner will be significant and will also help to screen site lines. The impact on adjacent property values cannot be predicted at this time since value is dependent on a history of sales in the area. It is reasonable to suggest however that the proposed development will not decrease values since it is intended to be high value construction with corporate office amenities. Other areas in the City have not shown decreases when developments of more intensity (retail commercial or industrial) have occurred. 4Y Analysis of Lake Pointe Office Park Proposal Page 11 Lighting Four types of lights standards are proposed. A 30 foot tall light standard (A) is proposed on the top level parking deck and within the surface parking areas; a 30 foot standard is proposed along the streets with a "forward throw" (B); a ground light is proposed at the base of the office buildings (C); and a bollard style light is proposed in the plaza/common areas (D). A shorter street light is recommended for Bridgewater Drive along the residential area. The petitioner has also agreed to install high pressure sodium lights instead of the metal halide indicated on the plans. Buffer Strip The area which remains zoned as R -1 is approximately 130 feet in width. The parking decks appear to be located just outside of this zoning. If within the R -1 zone, a special use permit for parking areas in R -1 zones must be obtained (Woodbridge had previously applied for and received a special use permit since surface parking was proposed in this area). Parking Space Sizes The S -2 District requires issuance of a special use permit for parking spaces 9 feet in width. The S -2 District was amended when the City amended the zoning ordinance to permit 9 foot wide parking spaces for industrial districts. The amendment was based on the assumption that most industrial uses generate employee traffic as opposed to high turnover traffic typical of commercial developments. If 9 foot wide spaces are to be proposed in the parking decks or surface parking, a special use permit must be approved. Park Fees The Park and Recreation Commission reviewed the Master Plan at its May 6, 1996 meeting. The Commission recommended that park fees be collected at the time of building permit issuance. The current rate for commercial and industrial developments is .023 cents per square foot of land. A stipulation is proposed to require payment of park fees at the rate in effect at the time of building permit issuance. 4Z Analysis of Lake Pointe Office Park Proposal Page 12 Storm Water Five additional ponds are proposed on the plan. Permits from the RCWD and SCWMO must be approved prior to issuance of building permits. Detailed engineering plans and calculations must be submitted at time of plat application. Indirect Source Permit The HRA has applied for an indirect source permit since the site is now under its ownership. The HRA may have to assign the permit to MEPC as MEPC takes control of the property. A stipulation is proposed to require MEPC to comply with the requirements of the MPCA when it is appropriate to transfer the permit. RECOMMENDATION The proposed Master Plan is consistent with the objectives of the City's Redevelopment Plan. Staff recommends the Planning Commission recommend approval of the plan to the City Council and HRA subject to the following stipulations: 1. Appropriate plat applications shall be submitted and approved prior to development of the property. 2. All uses in the development shall comply with the following list of permitted uses: office uses typically associated with corporate /Class A office developments; hotel and conference facilities; banks /financial institutions; Class III restaurants as defined in Section 205.03.59 of the zoning code; daycare facilities; and other uses as specifically approved by the City. Uses allowed in each individual building after construction will be the same or similar to those uses identified in this application. The City shall review and approve each use prior to occupancy. 3. Detailed architectural plans of each building shall be submitted during the plat application process; or if a plat is not required, plans shall be submitted, reviewed, and approved by the City prior to issuance of a building permit. The type of materials used on the exterior walls shall be approved by the City. 4. A comprehensive signage plan shall be reviewed and approved by the City Council prior to issuance of the first building permit based on the plan dated 3/29/96 and addressing the following issues: A. Wall signs (building identification and tenant signage) shall meet the wall sign requirements of the sign code. Analysis of Lake Pointe Office Park Proposal Page 13 B. No free - standing pylon signs are permitted. C. Height, width, illumination and type of all signs shall be clearly identified. D. Two free - standing project identifier (D) signs are permitted; the size and height to be approved by the City Council. E. All free - standing signs shall be set back ten feet from property lines. F. The petitioner shall receive a sign permit prior to installation. 5. The petitioner shall work with the City in preparing transportation demand strategies to promote ride - sharing and transit use to the property. 6. 12' - 15' light standards shall be installed along Bridgewater Drive adjacent to the residential area. Sodium high pressure lights shall be used for the parking lot lights and street lights. 7. If the parking decks or parking areas are within the R -1, Single Family Dwelling zone, a special use permit must be obtained prior to issuance of a building permit. 8. If nine foot wide parking spaces are to be proposed within the development, a special use permit as required by the S -2, Redevelopment District must be obtained prior to issuance of a building permit. 9. Appropriate permits from the Rice Creek Watershed District, Six Cities Watershed Management Organization, and the Minnesota Pollution Control Agency for storm water management and grading shall be obtained prior to the issuance of a building permit. Detailed engineering plans and calculations shall be submitted in conjunction with plat applications and building permit applications for review and approval by the City. 10. When appropriate, MEPC shall accept the transfer of the Indirect Source Permit from the HRA. 11. Detailed landscaping plans shall be submitted in conjunction with plat and building permit applications. 10'- 12' evergreens shall be installed along the north wall of the parking deck. The detailed landscaping shall be based on the concept plan dated March 29, 1996. An irrigation plan shall also be submitted at time of building permit issuance. Analysis of Lake Pointe Office Park Proposal Page 14 12. Park fees shall be paid at time of building permit issuance, and at the rate which is currently in effect. Easements shall be dedicated at time of plat approval over the existing bikeway /walkway areas. 4CC'! MEMORANDUM HOUSING I 1 REDEVELOPMENT AUTHORITY DATE: June 7, 1996 TO: William Burns, Executive Director of HRAY' FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution and Property Management Agreement for Acquisition of 380 - 57th Place N.E. for Transitional Housing Services Background On July 17, 1995, the HRA agreed to acquire 380 - 57th Place N:E. for transitional housing services. At that time, the HRA also approved a property management agreement subject to ACCAP increasing its insurance limits contained in the agreement and subject to City Attorney approval. Subsequent to the HRH's action, ACCAP proceeded with its construction loan financing to acquire the four -plex and rehabilitate the building. A certificate of occupancy was recently issued for the property and ACCAP has contracted with Lutheran Social Services to initiate a transitional housing service program. - In order for ACCAP to receive funds from MHFA to rehabilitate the building, MHFA will only disburse the funds if it is owned by a public entity; thus, the HRA's action on July 17, 1995. ACCAP has completed the remodeling in accordance with City and MHFA requirements, and it is now time to conduct the closing whereby the HRA will take ownership. In order to purchase the four -plex from ACCAP, the HRA needs to pass a resolution authorizing its acquisition and execution of the deferred loan repayment agreement and mortgage. Essentially, the HRA is purchasing the property from ACCAP with MHFA funds. The MHFA deferred mortgage is a zero percent interest deferred \ 5 Acquisition of 380 - 57th Place June 7, 1996 Page 2 mortgage after 20 years. The HRA will not make payments on this mortgage. In addition to the MHFA funds, ACCAP also obtained a $20,000 grant from the Federal Home Loan Bank Board to help pay for the rehabilitation. In addition, ACCAP received a 30 year deferred mortgage from the Family Housing Fund, a program sponsored by the McKnight Foundation. This deferred mortgage accumulates 1% interest, and is deferred at the end of the 30 years. At the expiration of the 30 years, the HRA would owe the Family Housing Fund the principle of $20,000 plus interest, or approximately $50,000. The Family Housing Fund mortgage was not discussed during the original consideration of this request. During the 30 years, the HRA has no obligation to pay on the mortgage; however, at the end of the 30 years, the HRA has the following options: 1. Close down the transitional housing program, sell the building, and reimburse Family Housing Fund the amount from the deferred mortgage and keep the remaining amount of the proceeds. 2. Continue the transitional housing service and negotiate a new mortgage with the Family Housing Fund. 3. Execute an agreement with the Anoka County Community Action Program which forces them to purchase the building for the amount of the indebtedness. Option #1 is more advantageous to the HRA since the value of the property significantly exceeds the amount of the 30 year deferred mortgage. The value of the four -plex, according to the Assessor's market value, is $96,517. Once the HRA has executed the documents with MHFA and the Family Housing Fund, then it can purchase the property from ACCAP. Management Agreement The management agreement which was approved by the HRA on July 17, 1995 must be approved again because MHFA has a typical form which they have insisted on using. The lease agreement, however, does contain unique features that were originally included in the 1995 approval. Those unique features are: 5A Acquisition of 380 - 57th Place June 7, 1996 Page 3 ACCAP will be responsible for all insurance costs for the property. Section (G), the insurance limits have increased. 2. ACCAP will assume all operating costs plus maintenance and equipment replacement which is Section (1). 3. ACCAP will agree to pay the City's portion of the real estate taxes despite the fact that the property will become tax exempt. Section (H). 4. ACCAP will hold the HRA harmless for any shortfall in the operation of the property, as well as any shortfall associated with the MHFA mortgage on the property. Section (T). 5. ACCAP will act as a lead contact regarding the property and will execute an agreement with Lutheran Social Services to operate transitional housing services. Section (A.8) The HRA must reapprove the lease agreement less therefore approve the new lease agreement. Additional Documents After conferring with Jeff Johnson from ACCAP, we agreed that another agreement with ACCAP is necessary. The purpose of the additional agreement is for indemnification to the HRA for the entire transaction. Because the Family Housing Fund mortgage extends to 30 years and the MHFA mortgage extends 20 years, an agreement should exist which holds-the HRA harmless for any costs incurred during the timeframes of the financial instrument. ACCAP has agreed to draft that agreement and will be reviewed by Jim Casserly. (Much of this documentation was beginning to be prepared during the transition between attorneys and Jim Casserly agreed to act on behalf of the HRA regarding this issue). Jeff Johnson from ACCAP will be in attendance at Thursday's meeting, and an employee of the Lutheran Social Services will also be invited. I have toured the remodeled building and have pictures to show the HRA. ACCAP also received a variance to construct a three -car garage on the south side of the property, and is finishing other outdoor improvements. The remodeled interior and exterior is a significant improvement and is an excellent example of what rehabilitation can accomplish. Local church groups and other volunteer organizations helped ACCAP with moving furniture, donating furniture, painting, and other items pertaining to the units. Acquisition of 380 - 57th Place June 7, 1996 Page 4 Recommendation Staff recommends that the HRA approve the resolution authorizing the purchase of the property, the management agreement with ACCAP, and authorize the Chairperson and Executive Director to execute the necessary documents including the Family Housing Fund mortgage documents. In addition, the attorney and staff shall schedule approval of an indemnification agreement with ACCAP regarding the entire transaction. M -96 -265 5C Page 2 - Resolution No. - 1996 PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY THIS DAY OF , 1996. LAWRENCE R. COMMERS - CHAIRMAN ATTEST: WILLIAM W. BURNS - EXECUTIVE DIRECTOR 5E JUN- OG -199G 14 =31 CERTIFIED COPY OF THE RESOLUTIONS ADOPTED BY ALL OF THE MEMBERS OF THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY I HEREBY CERTIFY that I am the duly elegted Secrerary and keeper of the records of _ the Fridley HRA a public body corporate and 20Uric ofrhtC=iry of Fridley which is a nolirical subdivision of the State of Minnesota (herein referred to as the• "HRA "), that the following is a true and correct copy of the Resolutions duly and unanimously adopted by all of the members of the HRA on June 13 , 1996, all of the metnher_s of the HRA hein2 present and constirurine a quorum for the transaction of business; further, that such meeting was called in compliance with all applicable laws of the HRH; that such Resolutions do not conflict with any laws of the HRA nor have such Resolutions been in any way altered, amended or repealed and are in full force and effect, unrevoked and unrescinded as of this day, and have been entered upon the regular Minute Book of the HRA, as of the aforementioned date, and that all of the members of the HRA have and at the time of adoption of such Resolution, had full power and lawful authority to adopt such Resolutions and to confer the powers thereby granted to the officer(s) therein named who has (have) full power and lawful authority to exercise the same: WHEREAS, on this 13th day of June , 1996, there has been presented to the meeting of the HRA a proposal for the HRA to borrow a zero - interest forgiveable loan from the Minnesota Housing Finance Agency, a public body corporate and politic of the State of Minnesota, 400 Sibley Street, St. Paul, Minnesota 55101, (hereinafter referred to as the "Agency ") in an amount not to exceed two hundred t> housand D 200 , 000 ollars ($ 1, which will he forgiven in twenty (20) years, provided that the HRA retain ownership of the Development for the purpose of providing Transitional Housing for such time period, which borrowing will be evidenced by a Deferred Loan Repayment Agreement and Mortgage on the property owned by the HRA and located in the County of Anoka State of Minnesota and more fully described in Exhibit A attached hereto and made a part hereof. NOW THEREFORE, be it resolved by all members of the HRA that Lawrence Commers the Chairperson and William Burns the Executive Director of the HRA be and they hereby are, authorized on behalf of the HRA, at any time hereafter and without further action by or authority or direction from the HRA, to execute and deliver to the Agency in such form as may be required by the Agency, the Deferred Loan Repayment Agreement and Mortgage evidencing and securing such indebtedness. BE It FURTHER RESOLVED, that the Chairperson and the . Executive Director of the HRA be, and thex hereby are, authorized and directed on behalf of the HRA, at any time and from time to time hereafter and without further action by or authority or direction from the HRA, to execute and deliver or cause to be executed and delivered, all such other further agreements, assignments, statements, instruments, certificates and documents and to do or cause to be done all such other and further acts and things as they may determined to be necessary or advisable under or in connection with such borrowing, and that their execution of any such agreement, 5F iUN- 05- 19`9+6 14 =31 P.03 assignment, statement, instrument, certificate or document, or the doing of any such act or thing, shall be conclusive evidence or their determination in that respect; and BE IT FURTHER RESOLVED, that the Agency be and it hereby is authorized to rely on the continuing force and effect of these Resolutions, until receipt by the Commissioner of the Agency at its principal office of notice in writing from the HRA of any amendments or alterations thereof. ATTEST: Dated: _ _ 1996 (SEAL) PM TOTPL P.03 5G! EXHIBIT A Lots 12 & 13, BLock 6, City View Addition LEASE AGREEMENT Tlus Lease made this 1 st day of June, 1996, between Fridley Housing and Redevelopment Authority, a public body, corporate and politic under the laws of the State of Minnesota, (hereinafler referred to as "Lessor "), and Anoka County Community Action Program, Inc., a nonprofit corporation under the laws of the State of Minnesota, (hereinafter referred to Lessee "). A. RECITALS Lessor is the owner of a building located at 380 57th Place N.E., Fridley, Minnesota, legally described as Lots 12 and 13 Block 6 City View (hereinafter called the "Property "); and, 2. Lessee is a nonprofit corporation under the laws of the State of Minnesota and is exempt from Federal Income Tax under Section 501(a) of the Internal Revenue Code as an organization described in Section 501 (c)(3)_ 3. Lessee has demonstrated need for short term transitional housing for low income residents, particularly for families from the City of Fridley and County of Anoka; and, 4. Lessee has implemented a transitional housing program designed to assist in fulfilling said demonstrated need for such short term housing; and, 5. Lessee is experienced in the business of operating and managing a property similar to the above described Property. 6. Lessee desires to lease the property described herein upon the terms and conditions specified in this lease. 7. Lessor is entering into and executing this agreement pursuant to Minnesota Statutes, Section 469.012, Subd. 1(21). 8. This agreement is being executed and entered into for the purpose of providing transitional housing under the Publicly Owned Transitional Housing Program of the Minnesota Housing Finance Agency pursuant to Minnesota Statutes, Section 462A,202, Subd. 2 (the POTH Program). THEREFORE, for the purposes stated above and in consideration of the mutual covenants contained herein, the parties hereto agree as follows: B. DESCRIPTION OF PREMISES Lessor agrees to let and demise to Lessee, and Lessee agrees to lease and hire from Lessor, subject to the conditions stated herein, the following described premises located in Fridley, Anoka County, Minnesota, to -wit: Lots 12 and 13, Block 6, City View C. PURPOSE 1. Lessee shall use and occupy the premises for the purpose of operating a facility providing transitional housing and for providing offices for Lessee for administration and for programs and for all uses and 51 purposes reasonably necessary or incidental thereto. Lessee shall not use or permit the premises or any part thereof to be used, in any manner that will increase the risks covered by insurance on the premises or result in an increase or cancellation of any insurance policy, even if such one may be in furtherance of Lessee's purposes. Lessee shall, at its expense, comply with any and all requirements of any insurance organization, governmental unit or body pertaining to the use of the premises, or use or allow the premises to be used for any unlawful purpose. D. TERM The term of the lease shall be for a period beginning upon signature of the parties and terminating December 31, 1996. This lease shall automatically renew each year unless either party shall notify the other at least sixty (60) days prior to the expiration of the original term of the lease or any extension hereof. If notice is given that the lease is not renewed in the manner described herein, this lease and all of Lessee's rights and privileges, including occupancy of the premises, shall expire midnight December 31 in the year notice is given_ E. BASE RENT During the original term of this lease, and any extension hereof, Lessee shall pay Lessor the sum of $1.00 per year payable in advance commencing upon the effective date of this lease and continuing on the first day of January each succeeding year thereafter until the termination of this lease. F. Lessee OBLIGATIONS As additional rent for the leased premises, the Lessee agrees as follows: That it will abide by all conditions, regulations, and restrictions established by the City of Fridley, 2. To hire or secure through contract or sublease sufficient qualified personnel to provide staffing and supervision for this project. Staffing will be at a level that is sufficient to operate this project effectively, and to insure the reasonable and appropriate operation of this project in this neighborhood. 3. Lessee shall provide to Lessor an initial program implementation plan and annual program evaluation reports and budgets for the program to be operated by Lessee on the leased premises, which budgets are to detail program revenues and expense, which information shall be used by Lessor to determine annually that the leased premises is being used for the purposes stated in paragraph eight (8) of the recitals.. 4. That it will take such actions and furnish such documents to Lessor that Lessor requires as directed by the Commission of Finance of the State of Minnesota or his or her designated representative to ensure that the interest to be paid on the state bonds issued to Finance the property is exempt from Federal Income Taxation. G. INSURANCE INDEMNITY (1) Lessee shall maintain, throughout the term of this lease agreement, property insurance covering the leased premises against fire, wind and storm damage and other perils as may be included within Lessee's standard Minnesota fire insurance policy and extended coverage endorsements. Lessee shall maintain, throughout the term of this lease agreement, property insurance covering Lessee's property against fire, wind and storm damage and other perils as may be included within the broadest form of extended coverage insurance as may be available to Lessee in amounts specified by Lessor. In addition, the Lessee shall maintain, throughout the term of this agreement, at the Lessee's own expense, public liability insurance with respect to the use and occupancy of said premises, with limits of at least 2 5J $1,000,000.00 per person and $2,000,000.00 per occurrence for bodily injury for property damage. Lessor may elect to provide casualty and liability insurance coverage for the entire property, including the leased premises, in such amounts as Lessor may deem appropriate. In the event that Lessor elects to provide such coverage, Lessee shall pay its pro rata portion of the premium shall be based upon the total number of square feet occupied by Lessee divided by the total number of square feet of property insured. (2) All policies of insurance provided for or contemplated by this Article to be supplied by Lessee shall name the Lessors and the Lessee as insureds or additional insured, as their respective interest may appear and shall provide that the policies cannot be canceled without thirty (30) days written notice to the parties. In addition, all such policies shall contain endorsements by the respective insurance companies waiving all rights of subrogation, if any. The Lessee shall provide the Lessors with copies of any and all policies upon request. (3) The Lessee shall defend, indemnify and hold the Lessors harmless against any and all claims, damages and lawsuits arising during the term of this agreement and any orders, decrees or judgements which may be entered therein, brought for damages or alleged damages resulting from any injury to person or property or from loss of life sustained in or about the leased premises, and Lessee agrees to save the Lessors harmless from, and indemnify the Lessors against, any and all injury, loss or damage, of whatever nature, to any person or property caused by, or resulting from any act, omission or negligence of the Lessee or by any employee or agent of the Lessee. In addition, the Lessee hereby releases the Lessors from any and all liability for any loss or damage caused by the fire or any of the extended coverage casualties, even if such fire or other casualty shall be brought about by the fault or negligence of the Lessors. ' H. TAXES, UTILITIES AND ASSESSMENTS (1) Lessee shall pay all real estate taxes and installments of special assessments due and payable during the term of this lease agreement. Lessee shall pay all personal property taxes, assessments or governmental charges imposed or assessed against property owned by Lessee. Lessee agrees that for the tax years that this property may be in exempt status. Lessee will reimburse the Lessor for the City share of property taxes on this property as reflected at its current tax classification rate. The Lessor will invoice the Lessee by August 1 st of the respective years and the Lessee will make the required payment to the Lessee by October 15th. (2) Lessee shall be liable for and shall pay when due all utility services rendered or furnished to the leased premises, including heat, water, gas, fuel, electricity, sewer, sewage treatment facilities and the like during the term of this agreement. (3) All payments required to be made by Lessor are authorized by Minnesota Statues, Section 469.0412, Subd. 1(4). I. REPAIRS AND MAINTENANCE (1) Execution of this agreement by Lessee shall constitute an acceptance of the leased premises by Lessee in an "as is" condition. (2) The Lessee agrees that it shall be responsible for the repair, maintenance, alteration and replacement of the interior and exterior of the lease premises and all routine repairs and maintenance of the lease premises, including but without limitation the interior and exterior portions of all doors, door checks and operators, windows, plate glass, plumbing, water and sewage facilities, fixtures, electrical equipment, interior walls, ceilings, signs, interior building appliance and similar equipment, heating and air conditioning equipment. The Lessee further agrees to be responsible for, at its own expense, snow removal, landscaping in and about the lease premises, and other similar items. 5K. (3) Lessee shall be responsible for the cleaning of the individual residential units. (4) if the Lessee refuses or neglects to commence or complete maintenance promptly and adequately, the Lessor may, but shall not be required to, do so and the Lessee shall pay the cost thereof to Lessor upon demand. it is understood that the intention of the parties hereto is that the Lessor shall pay all expenses or maintenance and repair during the term of this lease except for those items that are the responsibility of Lessee. The Lessee further covenants and agrees not to permit alterations of or upon any part of the demised premises in excess of $5000 except by and with the prior written consent of the Lessor. All alterations and additions to said premises shall be made, in accordance with all applicable laws and shall remain for the benefit of the Lessor unless otherwise provided in the said written consent; and the Lessee further agrees, in the event of making such alterations as herein provided, to indemnify and save harmless the Lessor from all expense, liens, claims, or damages to either persons or property or the leased premises arising out of or resulting from the undertaking or making of said alterations or additions. J. LIENS Lessee shall keep this Property and every part thereof and all buildings and other improvements at any time located thereon free and clear of any and all mechanics, materialmans and other liens for or arising out of or in connection with work or labor done, or in connection with any operation of Lessee, any alteration, improvements, or repairs or additions which Lessee may make or permit or cause to be made, or any work or construction by, for or permitted by Lessee on or about this Property, or any obligations of any kind incurred by Lessee, and at all times promptly and fully pay, discharge any and all claims on which any such lien may or could be based, and to indemnify the Lessor and this Property against all such liens and claims of liens and suits or other proceedings pertaining thereto, provided, however, that Lessee shall not be responsible to pay or discharge any lien upon said Property if the lien is not the result of their actions under the terms of this Agreement. K. ASSIGNiV>ENT OR SUBLEASING The Lessee shall not assign this lease. except with the Lessor's written consent, which consent shall not unreasonably be withheld and unless all rent, insurance, impositions and burdens which the Lessee has covenanted to pay and all liens, charges and encumbrances shall have been duly paid and discharged and unless the instrument of assignment shall be legal and sufficient for that purpose, and shall have been first submitted and left with Lessor for a period of twenty (20) days before the delivery thereof to the assignee. Lessee shall have the right to sublet to tenants that are properly created nonprofit entities. The subletting shall not relieve the Lessee of the responsibility, either directly or indirectly, of performing any or all of its obligations under the terms of this lease. L. EQUAL EMPLOYMENT OPPORTUNITY CIVIL RIGHTS During the term of this Agreement, Lessee agrees to the following: no person shall, on the grounds of race, color, religion, age, sex, disability, marital status (affectional preference), public assistance status, criminal record, creed, or national origin, be excluded from full employment rights in, participation in, or denied the benefit of, or be otherwise subject to discrimination under any program, service or activity under the provisions of any and all applicable Federal and State laws against discrimination including the Civil Rights Act of 1964. Lessee will furnish to the Lessor all reports required by Executive Order No. 11246 and Revised Order No. 4, and by the rules and regulations and orders of the Secretary of Labor, Minnesota Department of Human Services, for purposes of investigation to ascertain compliance with such laws, regulations and orders. 4 5L M. DATA PRACTICES All data collected, created, received, maintained, or disseminated or used for any purposes in the course of Lessee's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1983, Section 13.01, et. seg., or any other applicable State Statutes and any State Rules adopted to implement the Act, as well as State Statutes and Federal Regulations on data privacy. Lessee agrees to abide by these statutes, rules and regulations as them may be amended. N. LOSS OF USE OF PREMISES In fire or other damage or casualty shall render the premises wholly or partially untenantable or if the premises are taken in whole or in part by any public authority under power of eminent domain or sold to any public authority pursuant to threat of eminent domain, Lessee may, at its sole option, terminate this lease forthwith, and any prepayments of rent shall be refunded by Lessor; provided, however, that, in the case of fire or other damage or casualty, if the premises can be repaired by Lessor within thirty (30) days of the date of such loss, then at the option of Lessor this lease shall remain in full force and effect but rent for the period during which the premises are untenantable shall be abated pro rata. O. TERNIINATION OF PROGRAM In the event of the POTH Program is terminated or changed, Lessor may, at Lessor's option, declare this lease terminated and upon thirty (30) days written notice to Lessee, re -enter and take full and absolute possession of said premises. After any such termination, Lessee shall be released from any and all obligations under this lease. P. HOLD HARMLESS Lessee agrees to hold harmless the Lessor for any shortfall in the operation of this property, as well as any shortfall associated with the applicable rules and regulations of the Minnesota Housing Finance Agency and the underlying mortgage on this property. Q. SURRENDER OF THIS PROPERTY At the expiration or termination of this Agreement or any subsequent agreement, Lessee shall vacate and surrender this Property in as good a state and condition as they were after the completion of the rehabilitation work, reasonable wear and tear expected. R. DEFAULT It is agreed between Lessor and Lessee that this lease is made on condition that if Lessee shall neglect or fail to keep, observe and perform any of the convenants and agreements contained in this lease, which are to be kept, observed or performed by Lessee, or if the leasehold interest of Lessee shall be taken on execution or other process of law, or if Lessee shall petition to be or be declared bankrupt or insolvent according to law, or if Lessee shall vacate said premises or abandon the same during the term of this lease, then and in any of said cases Lessor may immediately or at any time thereafter, and without further notice or demand, enter into and upon said premises, or any part thereof, in the name of the whole, and take absolute possession of the same, without such re -entry working a forfeiture of the rents to be paid and the convenants to be performed by Lessee for the full term of this lease, and may, at Lessor's election, lease or sublet said premises, or any part thereof; on such terms and conditions and for such rents and for such time as Lessor may elect, and after crediting the rent actually collected by Lessor from such reletting on the rentals stipulated to be paid under this lease by Lessee from time to time, collect from Lessee an} 5 5M balance remaining due from time to time on the rent reserved under this lease, charging to Lessee such reasonable expenses as Lessor may expend in putting the premises in tenantable condition. Or Lessor- at its election and upon written notice to Lessee declare this lease forfeited and void, and may thereupon re -enter and take full and absolute possession of said premises as the owner thereof, and free from any right or claim of Lessee or any person or persons claiming through or under Lessee; and such election and re -entry last mentioned shall be and constitute an absolute bar to any right to enter by Lessee upon the payment of all arrearages of rent and costs after a dispossession under any suit or process for breach of any of the covenants of this lease, and the commencement by Lessor of any action to recover possession of said premises aforesaid shall be deemed sufficient notice of election of Lessor to treat this lease as void and terminated, without written notice, unless Lessor shall, in writing, before beginning such proceeding, notify Lessee that after obtaining such possession, Lessor will continue to look to Lessee for the performance of this lease and will submit the premises on Lessee's account in the manner above provided. Lessee agrees that no assent, express or implied, by Lessor to any breach of any of Lessee's covenants or agreements shall be deemed or taken to be a waiver of any succeeding breach of such covenant. S. RIGHT OF ENTRY Lessor shall at all times upon notification of the Lessee have the right to enter upon said premises to inspect their condition, and at its election to make reasonable and necessary repairs thereon for the protection and preservation thereof; but nothing herein shall be construed to require Lessor to make such repairs, and Lessor shall not be liable to Lessee, or any other person or persons, for failure or delay in making such repairs, or for damage or injury to person or property caused in or by the making of such repairs, or the doing of any work therein. T. TOTAL AGREEMENT This lease contains the entire agreement between the parties and cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. This lease and the terms and conditions hereof apply to and are binding on the heirs, legal representatives, successors and assigns of all parties. All notices required under this agreement shall be in writing and delivered by certified mail, return receipt requested, to the parties at the following locations: Lessor: Fridley HRA 6431 University Avenue N.E. Fridley, Minnesota 55432 Lessee: Anoka County Community Action Program, Inc. 1201 89th Avenue N.E., Suite 345 Blaine, Minnesota 55434 U. APPLICABLE LAW This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 6 5N IN WITNESS WHEREOF, the parties have executed this lease at the City of Fridley, County of Anoka, State of Minnesota, the day and year first above written. FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY BY: ANOKA COUNTY COMMUNITY CTION PROGRAM INC. BY: L1/ GAL STATE OF MINNESOTA 61.1 COUNTY OF ANOKA On this day of , 1996, before me, a notary public within and for said County, personally appeared to me personally known, who, being duly sworn did say that he is the Executive Director of the Fridley Housing and Redevelopment Authority, a body corporate and politic, under the laws of the State of Minnesota, named in the foregoing instrument and that said instrument and that said instrument was signed on behalf of said corporation by authority of its Board of Commissioners and said acknowledged said instrument to be the free act and deed of said corporation. STATE OF MINNESOTA ss. COUNTY OF ANOKA Notary Public On this of /� , 1996, before me a notary public, within and for said County, personally appeared Patrick McFarland, to me personally known, who, being duly sworn did say that he is the Executive Director of Anoka County Community Action Program, Inc., a nonprofit corporation under the laws of the State of Minnesota, named in the foregoing instrument and that said instrument was signed on behalf of said corporation by authority of its Governing Board of Directors and said Patrick McFarland acknowledged said instrument to be the free act and deed of said corporation. Ig hsgUeasfrid Nary Public IAAA11 DOW X VAT"M I�OI�NMn�iL>t!,>MN OMM 50 ® JOINT CITY COUNCIL WORK SESSION AND HOUSING & REDEVELOPMENT AUTHORITY MEETING -- JULY 17 1995 PAGE 33 Mr. Meyer stated he thought a left turn lane was needed for people coming in to the development and there should be a left turn lane into Holly Center for traffic coming from the west. Who pay for it is secondary. Mississippi Street collects a lot of traffic east of University. Mississippi is a main east /west road. Ms. Schnabel stated it seems that people living in the development will access Holly and will want to get back and forth across the intersection. She thought the alignment was safest for that access. She would like to see a signal there. Mr. Commers asked if there was any objection to leaving the decision up to the City Council after the public hearing. To him, the worse scenario with this is the cost. Ms. Dacy stated the difficult part is the fact that this development will generate less traffic than the traffic that is there today. In spite of the fact that the traffic would be decreasing, the*City is being required to add improvements. Mr. Commers stated the consensus of the HRA is to give the City Council authority to spend up to $167,000 for the intersection improvements if necessary. 4. CONSIDER ACQUISITION OF 380 - 57TH PLACE FOR TRANSITIONAL HOUSING SERVICES, AND CONSIDER MANAGEMENT AGREEMENT WITH ACCAP TO MANAGE AND OPERATE TRANSITIONAL HOUSING SERVICES Mr. Commers stated the issue with this item is the ownership. Mr. Burns stated they have eliminated any costs associated with ownership. We are a vehicle allowing this source of funding to take place without any cost or obligation. Mr. Commers stated there is a legal obligation and there could be liability, unless ACCAP wants to indemnify the HRA if something happens on property. Ms. Dacy stated the agreement include indemnification and the insurance requirements. Mr. Hoeft has reviewed the agreement. Mr. Casserly stated ACCAP has agreed to indemnify the HRA. This is a very broad indemnification statement. The limits of their coverage can be investigated. Mr. Billings stated the County is not interested in owning this building, but they will do it. At the June meeting of the County HRA Advisory Committee, he brought up the fact that the City was not keen on having the County own because of the possibility of 5P JOINT CITY COUNCIL WORK SESSION AND HOUSING & to REDEVELOPMENT AUTHORITY MEETING -- JULY 17, 1995 PAGE 34 being subject to a special levy that the County HRA might do. He was told the County had no intention of doing a levy. At the next meeting, the subject of the levy was on the agenda. This is one of the concerns of the City Council. If the County HRA is active in the City, then the City would be subject to a levy. Ms. Dacy stated staff recommended the County own the building. ACCAP has now taken away some of the financial risks. They are willing to pay the real estate taxes, provide insurance, and be responsible for filling the gap if we had to sell the property in the future between MHFA approval and the sale price. This also adds affordable housing units. Mr. Commers stated the HRA is not responsible for ad valorem real estate taxes. HRA property is not subject to tax. They are supposed to collect taxes from the user of the property as personal property tax. Mr. Billings stated ACCAP will pay the City the City's portion of the taxes. The County and the school district will not get their taxes because it is tax exempt property. Mr. Commers requested approval subject to ACCAP increasing their insurance limits and subject to City Attorney approval. MOTION by Ms. Schnabel, seconded by Mr. McFarland, to approve the acquisition of 380 - 57th Place for transitional housing services, and approve the Property Management Agreement with ACCAP to manage and operate transitional housing services, subject to ACCAP increasing their insurance limits and subject to City Attorney approval. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA: 1. Approval of Minutes: June 8, 1995 2. Authorize Acquisition of 5924 - 2nd Street N.E. 3. Establish Public Hearing for Disposition of Lot 4, Block 1, Scherer Addition 4. Consider Amendment to Contract with Whitney Homes 5. Service Contract with ACCAP for Administration of HOME Rehabilitation Program 5Q! INV, "OM : "'EK n a" MEMO RANDUM '°� DEVELOPMENT DIRECTOR .w K %mkpmn DATE: June 6, 1996 TO: William Burns, City Manager FROM: 'Barbara Dacy, Community Development Director SUBJECT: Request by Wallboard, Inc., for Tax Increment Financing Assistance Wallboard, Inc., supplies building materials to general contractors, drywall contractors, and to the general public. Wallboard is constructing a 30,000 square foot building in the Great Northern Industrial Park. Patty Paraschuk owns the company and is proposing to relocate her business from 4615 Humboldt Avenue North to the Fridley site. Wallboard has been in the City of Minneapolis since 1962. According to Paraschuk, the company has tripled in size since 1984, and they have an annual sales of approximately of $8 million. The estimated project cost is approximately $1,100,000, of which $850,000 is for the land and building and $250,000 is for equipment (purchase of two boom trucks). Paraschuk is obtaining financing through Northeast State Bank for approximately 70% of the project costs. The company is providing for an equity portion of approximately $200,000, leaving a gap of approximately $130,000. In a letter dated May 27, 1996, Paraschuk stated that without the tax increment financing assistance, the size of the building will be smaller (a 4,500 square foot mezzanine will not be installed plus other site improvements will be reduced). In addition, she has stated that she would not purchase one of the two boom trucks and would not hire as many drivers as well. Assistance Policy Since the McGlynn's project in 1992, the HRA has assisted primarily manufacturing companies including Sheet Metal Connectors, ECO Finishing, Agro -K, American Excelsior, and the recent construction of the John Allen building on the south side of 73rd Avenue (to be occupied by Stylmark, Superior Coffee, and McGlynns). Although some of these projects do contain warehouse or distribution uses, the principal use of all of these projects is for manufacturing. Wallboard is a wholesaler /supplier. The 6 Request by Wallboard, Inc., for Tax Increment Financing Assistance June 6, 1996 Paoe 2 drawback to assisting Wallboard, Inc., is that it may open the door for future requests for other types of suppliers /distribution -type of companies. The project size, value, and job creation, however, is very similar to the projects which have been assisted in the past. ECO Finishing and the Agro -K building are similar examples of building size, project value, and employees. Wallboard, Inc., currently employs approximately 25 -30 employees. With the relocation to Fridley, they are proposing to hire additional drivers with the purchase of the two new boom trucks, plus additional employees if the company expands in the future. Assistance Options If it is decided that it is worthwhile to assist the company, two options exist for the City Council and HRA. The first option is to establish this site as a project area as was done for ECO Finishing and Sheet Metal Connectors. This option will permit Wallboard, Inc., to start construction; however, the HRA, at its June 13, 1996, meeting, will have to make a motion to give concept approval and authorization to initiate the project area process. Once the project area is established, the HRA is able to provide a loan to Wallboard, Inc., at an amount that is yet to be determined. Loans that have been executed with Sheet Metal Connectors and ECO Finishing have been at 5% at approximately 10% of the project value with a term between 8 -10 years. (The drawback to this option is that the HRA, although receiving the loan payments with interest, does not enjoy the benefit of having the tax increment as "additional insurance" if the loan defaults [a personal guarantee is typically required in the development contract]). The second option is to create a tax increment financing district. It would not be permissible for Wallboard to initiate construction prior to creation of the district and would postpone construction until August. Wallboard, Inc., has indicated that they cannot wait until this fall for construction. Wallboard also acknowledges that they should have pursued this request earlier in the year. Although the HRA would enjoy the security of the tax increment from the property, it is a fairly small project for creation of a tax increment financing district. The additional tax increment would, however, help fund some of the ongoing housing programs. Recommendation Although it is difficult to recommend against assistance of what seems to be a solid project, assisting this type of use would be a departure from past practice and City priorities. If, however, the Council and HRA do agree to assist the project, it is recommended that a project area be created so that a loan can be negotiated with Wallboard, Inc. BD:Is M -96 -258 6 /� A r'IPY -2e -1996 16:20 WPLLBOARD, .N�. WC "- tL, r rYPSJJM I IKF NO ONE o_ —, GYGSUM M May 28, 1996 Ms Barbara Dacy Municipal Center 6431 University Avenue Northeast Fridley, MN 55432 Dear Ms Dacy: Wallboard, Inc. was incorporated in 1962, and is c Wallboard, Inc. and have been since I pur6haseo it Wallboard, Inc. supplies building materials: to Gener and to the general public. We deliver our products i employees place the material into the commercial or the building via outside skips, elevators or carr ring t supply sheetrock, steel studs, insulation, stuccc and exterior wall systems, metal and vinyl trims, dr rwall We have been in the City of Minneapolis since 11962 and have annual sales of approximately S8,000,000. location for twenty -four years, and are lookingfora relocating to Fridley. We anticipate more; groyvth v Sincerely, az�_ Patti Paraschuk President /jm P. 32 WALLBOARD, INC. 4615 Humboldt Avenue North Minneapolis, Minnesota 55417 Telephone: (612) 52-1-2211 30 years old. 1 am the President of June 30, 1984, Contractors, Drywall Contractors th boom trucks, and then our Union :sidential projects, putting them into ;m into the designated rooms. We altering products, 1-1.8 Fuller. uds_ and tools. We have tripled our size since 1984 i. We have been in our present -d to expanding our business and h our new expanded location. TOTAL P. E WE GYPSUM LIKE NOON o­­­ GYPSUM �w May 27, 1996 Ms Barbara Dacy Municipal Center 6431 University Avenue Northeast Fridley, MN 55432 RE: Tax Increment Financing Dear Ms Dacy: WALLBOARD, INC. 4615 Humboldt Avenue North Minneapolis, Minnesota 55411 Telephone: (612) 521-2211 We are negotiating with two General Contractors on our new facility in Fridley. As you know, we have been planning our new facility for the past year. Our budget for the building is $650,00.00. The bids are approximately $825,000.00 to $850,000.00. We would like to build the facility at it's current design, however, because of our financial requirements, it may be necessary to scale back to meet our budget restraints. In order to meet our budget, value engineering would require the following changes: 1. Eliminate the mezzanine. 2. Change the size of the overhead doors 3. Eliminate the fence in back of the property. 4. Change the size of the front gates 5. Decrease the number of windows in front of the building The above changes would amount to approximately $100,000.00. Our second option would be to eliminate two new boom trucks, and hire four new drivers at a cost of approximately $250,000.00. Obviously, our new facility will require us to hire new employees over and above the new drivers. If we are fortunate enough to be able to participate in Fridley's TIF program, we would be able to go ahead with the plans as they are now. We are'looking forward to hearing from you as soon as possible, as it will affect our construction and financial planning. Thank you for your consideration. Sincerely, Patti Paraschuk President /jm • Casserly Molzahn & Associates, Inc. Suite 1100 Southpoint Office Center • 1650 West 82nd Street • Minneapolis, Minnesota 55431 Office (612) 885 -1298 • Fax (612) 885 -1299 M E M O R A N D U M TO: City of Fridley FROM: James R. Casserly Mary E. Molzahn RE: Establishment of a Housing Revolving Loan Program DATE: May 17, 1996 For the last several years we have become increasingly concerned about the City and the HRA's ability to fund housing programs. Only recently has the City and the HRA established a program in which the rehabilitation loans are repaid. Several factors make it advantageous for the City /HRA to initiate a long -range aggressive self supporting rehabilitation housing program. These factors include the following: 1. In order to assist the HRA with its cost for the Southwest Quad Development, the City has offered to loan 1.5 million dollars to the HRA to defer its expenses. This loan would provide the initial funds for the program. 2. Many cities have levied for their HRA housing activities. The levy would be very small, approximately fourteen one - thousand of one percent of the City's taxable market value and would raise slightly over $150,000 per year. This levy would repay the City loan and provide the capital for the program. 3. Tax increment receipts which have been the source of your housing program funds will rapidly diminish. Alternative resources and programs must be developed while the tax increment revenues are still available. This revolving loan program should continue to grow over the years and will provide the City, HRA and future councils with resources to continue aggressive rehabilitation programs. A financial analysis of this program is more fully described on the attached Memorandum. JRC /jms Attachment 7 Casserly Molzahn & Associates, Inc. Suite 1100 Southpoint Office Center • 1650 West 82nd Street • Minneapolis, Minnesota 55431 Office (612) 885 -1298 • Fax (612) 885 -1299 MEMORANDUM TO: City of Fridley FROM: Mary E. Molzahn James R. Casserly RE: Financial Analysis for Housing Rehabilitation Loan Program DATE: May 17, 1996 Attached please find a cash flow analysis for the proposed revolving loan program designed to facilitate the rehabilitation of the City's aging housing stock. Included below please find a brief description of the analysis. 1. GENERAL ASSUMPTIONS (a) Home improvement loans may be issued for either single family or multiple family units. (b) Average loan amount of $12,000 per unit. (c) Average loan term of 12 years. (d) Average loan rate of 5.000°. (e) Loans are issued in the first quarter of 1997 and every quarter thereafter for 20 years, terminating in the last quarter of 2016. In the first 20 years of the program a total of 776 loans at $12,000 per loan or $9.312 million will be issued based on the following assumptions: 8 loans per quarter or 32 per year in 1997 - 2002 7 loans per quarter or 28 per year in 2003 - 2008 11 loans per quarter or 48 per year in 2009 - 2012 15 loans per quarter or 56 per year in 2013 - 2016 7A 2. QUARTERLY REVENUES (see cash flow) The proposed revenues, which approximate $11.595 million, consist of the following potential sources: (a) City loan of $1.5 million to the HRA during the first quarter of 1997 payable at 5.000. over 15 years. (b) HRA levy providing approximately $75,000 semi annually and totalling $3.0 million from 1997 through 2016. (c) HRA grant(s) to be provided by the HRA if and when required; no grants are included in this scenario. (d) Home improvement loan repayments from the issuance of 776 loans over 20 years and which approximate $7.588 million. From this amount a loan reserve of 2.5. and servicing expenses of 4.0. are deducted leaving a net of $7.095 million. 3. QUARTERLY EXPENSES (see cash flow) The proposed expenses, which approximate $11.648 million, include the following potential categories: (a) Home improvement loans issued as described in Section 1 above and which total $9.312 million. (b) HRA payments to the City in the semi annual amount of $71,666.46 and which approximate $2.150 million at the rate and term described in Section 2 (a) above. (c) Origination Expenses of $186,240, based on 2.000. of the total principal amount of home improvement loans. 4. QUARTERLY INTEREST (see cash flow) This additional source of revenue assumes interest is earned quarterly at 5.000. per annum on the difference between revenues and expenses; it approximates $297,533 through 2016. 5. ENDING BALANCE (see cash flow) This column simply reflects revenues of $11.595 million less $11.648 in expenses plus $297,533 in interest earnings for an ending balance in December 2016 of $244,862. The three columns on the right side of the analysis represent the number of loans issued per quarter, per year and cumulatively. CITY OF FRIDLEY, MINNESOTA CASH FLOW Period Beginning Quarterly Quarterly Quarterly Ending Ending Balance Revenues Expenses Interest Balance 03/01/97 0.00 1,502,490.54 97,920.00 17,557.13 1,422,127.68 06/01/97 1,422,127.68 79,981.09 169,586.46 16,656.53 1,349,178.83 09/01/97 1,349,178.83 7,471.63 97,920.00 15,734.13 1,274,464.60 12/01/97 1,274,464.60 84,962.18 169,586.46 14,873.00 1,204,713.32 03/01 /98 1,204,713.32 12,452.72 97,920.00 13,990.58 1,133,236.62 06/01/98 1,133,236.62 89,943.27 169,586.46 13,169.92 1,066,763.35 09/01/98 1,066,763.35 17,433.81 97,920.00 12,328.46 998,605.63 12/01/98 998,605.63 94,924.36 169,586.46 11,549.29 935,492.82 03/01 /99 935,492.82 22,414.90 97,920.00 10,749.85 870,737.57 06/01/99 870,737.57 99,905.45 169,586.46 10,013.21 811,069.77 09/01/99 811,069.77 27,395.99 97,920.00 9,256.82 749,802.58 12/01/99 749,802.58 104,886.54 169,586.46 8,563.78 693,666.44 03/01/2000 693,666.44 32,377.08 97,920.00 7,851.54 635,975.07 06/01/2000 635,975.07 109,867.63 169,586.46 7,203.20 583,459.44 09/01/2000 583,459.44 37,358.17 97,920.00 6,536.22 529,433.83 12/01 /2000 529,433.83 114,848.72 169,586.46 5,933.70 480,629.79 03/01/2001 480,629.79 42,339.26 97,920.00 5,313.11 430,362.17 06/01/2001 430,362.17 119,829.81 169,586.46 4,757.57 385,363.09 09/01 /2001 385,363.09 47,320.35 97,920.00 4,184.54 338,947.98 12/01/2001 338,947.98 124,810.90 169,586.46 3,677.16 297,849.57 03/01/2002 297,849.57 52,301.44 97,920.00 3,152.89 255,383.90 06/01/2002 255,383.90 129,791.99 169,586.46 2,694.87 218,284.30 09/01/2002 218,284.30 57,282.53 97,920.00 2,220.59 179,867.42 12/01/2002 179,867.42 134,773.08 169,586.46 1,813.18 146,867.21 03/01/2003 146,867.21 61,952.30 85,680.00 1,539.24 124,678.76 06/01/2003 124,678.76 139,131.53 157,346.46 1,330.80 107,794.63 09/01/2003 107,794.63 66,310.76 85,680.00 1,105.32 89,530.70 12/01/2003 89,530.70 143,489.98 157,346.46 945.93 76,620.15 03/01 /2004 76,620.15 70,669.21 85,680.00 770.12 62,379.48 06/01/2004 62,379.48 147,848.44 157,346.46 661.02 53,542.48 09/01/2004 53,542.48 75,027.67 85,680.00 536.13 43,426.27 12/01/2004 43,426.27 152,206.89 157,346.46 478.58 38,765.28 03/01/2005 38,765.28 79,386.12 85,680.00 405.89 32,877.30 06/01/2005 32,877.30 156,565.35 157,346.46 401.20 32,497.38 09/01/2005 32,497.38 83,744.57 85,680.00 382.02 30,943.98 12/01/2005 30,943.98 160,923.80 157,346.46 431.52 34,952.83 03/01 /2006 34,952.83 88,103.03 85,680.00 467.20 37,843.06 06/01/2006 37,843.06 165,282.25 157,346.46 572.24 46,351.09 09/01/2006 46,351.09 92,461.48 85,680.00 664.16 53,796.72 12/01/2006 53,796.72 169,640.71 157,346.46 826.14 66,917.11 03/01 /2007 66,917.11 96,819.93 85,680.00 975.71 79,032.75 06/01/2007 79,032.75 173,999.16 157,346.46 1,196.07 96,881.52 09/01/2007 96,881.52 101,178.39 85,680.00 1,404.75 113,784.65 12/01/2007 113,784.65 178,357.61 157,346.46 1,684.95 136,480.75 03/01/2008 136,480.75 105,536.84 85,680.00 1,954.22 158,291.81 06/01/2008 158,291.81 182,716.07 157,346.46 2,295.77 185,957.19 09/01/2008 185,957.19 109,895.29 85,680.00 2,627.16 212,799.64 12/01/2008 212,799.64 187,074.52 157,346.46 3,031.60 245,559.29 03/01/2009 245,559.29 113,008.48 134,640.00 2,799.10 226,726.87 Loans/ Loans/ Cum Quarter Year Loans 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 7 7 7 7 7 7 7 7 7 7 7 .7 7 7 7 7 7 7 7 7 7 7 7 7 11 32 32 32 64 32 96 32 128 32 160 32 192 28 220 28 248 28 276 28 304 28 332 28 360 RLP1 PREPARED BY CASSERLY MOLZAHN & ASSOCIATES, INC. 17 —N7r CITY OF FRIDLEY, MINNESOTA CASH FLOW Period Ending Beginning Balance Quarterly Revenues Quarterly Quarterly Ending Loans/ Loans/ Cum Expenses Interest Balance Quarter Year Loans 06/01/2009 09/01/2009 226,726.87 188,942.43 206,306.46 2,617.04 211,979.87 11 12/01/2009 211,979.87 194,618.96 114,876.38 190,810.34 134,640.00 2,402.70 194,618.96 11 03/01/2010 181,361.87 116,744.29 206,306.46 134,640.00 2,239.04 2,043.33 181,361.87 165,509.49 11 44 404 06/01 /2010 09/01/2010 165,509.49 192,678.25 206,306.46 1,898.52 153,779.79 11 11 12/01/2010 153,779.79 139,473.89 118,612.20 194,546.16 134,640.00 1,721.90 139,473.89 11 03/01/2011 129,310.01 120,480.11 206,306.46 134,640.00 1,596.42 1,439.38 129,310.01 116,589.49 11 44 448 06/01/2011 116,589.49 196,414.06 206,306.46 1,333.71 108,030.81 11 11 09/01/2011 108,030.81 122,348.02 134,640.00 1,196.74 96,935.56 11 12/01/2011 03/01/2012 96,935.56 90,022.46 198,281.97 124,215.93 206,306.46 1,111.39 90,022.46 11 44 492 06/01/2012 80,593.37 200,149.88 134,640.00 134,640.00 994.98 1,826.29 80,593.37 147,929.54 11 09/01/2012 147,929.54 126,083.84 134,640.00 1,742.17 141,115.55 11 11 12/01/2012 141,115.55 202,017.79 134,640.00 2,606.17 211,099.50 11 44 536 03/01/2013 211,099.50 129,197.02 183,600.00 1,958.71 158,655.23 15 06/01/2013 158,655.23 206,376.24 183,600.00 2,267.89 183,699.36 15 09/01/2013 183,699.36 133,555.47 183,600.00 1,670.69 135,325.52 15 12/01/2013 135,325.52 210,734.70 183,600.00 2,030.75 164,490.97 15 60 596 03/01/2014 164,490.97 137,913.92 183,600.00 1,485.06 120,289.95 15 06/01/2014 120,289.95 215,093.15 183,600.00 1,897.29 153,680.39 15 09/01/2014 153,680.39 142,272.38 183,600.00 1,404.41 113,757.18 15 12/01/2014 113,757.18 219,451.60 183,600.00 1,870.11 151,478.90 15 60 656 03/01/2015 151,478.90 146,942.15 183,600.00 1,435.26 116,256.31 15 06/01/2015 116,256.31 224,432.69 183,600.00 1,963.61 159,052.61 15 09/01/2015 159,052.61 151,923.24 183,600.00 1,592.20 128,968.05 15 12/01/2015 128,968.05 229,413.78 183,600.00 2,184.77 176,966.61 15 60 716 03/01/2016 176,966.61 156,904.33 183,600.00 1,878.39 152,149.33 15 06/01 /2016 152,149.33 234,394.87 183,600.00 2,536.80 205,481.00 15 09/01/2016 205,481.00 161,885.42 183,600.00 2,297.08 186,063.50 15 12/01/2016 186,063.50 239,375.96 183,600.00 3,022.99 244,862.46 15 60 776 11,595,562.44 11,648,233.83 297,533.85 244,862.46 776 776 776 Interest Rate 5.000% RLP1 PREPARED BY CASSERLY MOLZAHN & ASSOCIATES, INC. 17_t 7D CITY OF FRIDLEY, MINNESOTA QUARTERLY RECAP Period Ending Loans Loans Loans Outstanding Ending Balance /Quarter /Year Cum Principal 03/01/97 1,422,127.68 8 94,530.21 06/01/97 1,349,178.83 8 187,572.18 09/01/97 1,274,464.60 8 279,107.22 12/01/97 1,204,713.32 8 32 32 369,1 16.43 03/01/98 1,133,236.62 8 457,580.65 06/01/98 1,066,763.35 8 544,480.49 09/01/98 998,605.63 8 629,796.32 12/01/98 935,492.82 8 32 64 713,508.24 03/01/99 870,737.57 8 795,596.12 06/01/99 811,069.77 8 876,039.59 09/01/99 749,802.58 8 954,818.00 12/01/99 693,666.44 8 32 96 1,031,910.45 03/01/2000 635,975.07 8 1,107,295.78 06/01/2000 583,459.44 8 1,180,952.55 09/01/2000 529,433.83 8 1,252,859.08 12/01/2000 480,629.79 8 32 128 1,322,993.40 03/01/2001 430,362.17 8 1,391,333.25 06/01/2001 385,363.09 8 1,457,856.11 09/01/2001 338,947.98 8 1,522,539.19 12/01/2001 297,849.57 8 32 160 1,585,359.37 03/01/2002 255,383.90 8 1,646,293.29 06/01/2002 218,284.30 8 1,705,317.26 09/01/2002 179,867.42 8 1,762,407.31 12/01/2002 146,867.21 8 32 192 1,817,539.16 03/01/2003 124,678.76 7 1,858,871.97 06/01/2003 107,794.63 7 1,898,383.14 09/01/2003 89,530.70 7 1,936,049.81 12/01/2003 76,620.15 7 28 220 1,971,848.83 03/01/2004 62,379.48 7 2,005,756.76 06/01/2004 53,542.48 7 2,037,749.85 09/01/2004 43,426.27 7 2,067,804.08 12/01/2004 38,765.28 7 28 248 2,095,895.11 03/01/2005 32,877.30 7 2,121,998.29 06/01/2005 32,497.38 7 2,146, 088.67 09/01/2005 30,943.98 7 2,168,140.99 12/01/2005 34,952.83 7 28 276 21188,129.67 03/01/2006 37,843.06 7 2,206,028.80 06/01/2006 46,351.09 7 2,221,812.15 09/01/2006 53,796.72 7 2,235,453.17 12/01/2006 66,917.11 7 28 304 2,246,924.97 03/01/2007 79,032.75 7 2,256,200.31 06/01/2007 96,881.52 7 2,263,251.63 09/01/2007 113,784.65 7 2,268,051.00 12/01/2007 136,480.75 7 28 332 2,270,570.18 03/01/2008 158,291.81 7 2,270,780.52 06/01/2008 185,957.19 7 2,268,653.06 09/01/2008 212,799.64 7 2,264,158.44 12/01/2008 245,559.29 7 28 360 2,257,266.96 03/01/2009 226,726.87 11 2,297,888.43 RLP1 PREPARED BY CASSERLY MOLZAHN & ASSOCIATES, INC. 20 —Ma 7E CITY OF FRIDLEY, MINNESOTA QUARTERLY RECAP I c 1Uu Ending_ tnaing Balance Loans Loans Loans Outstanding _ _ /Quarter /Year Cum ____Principal 06/01/2009 21 1,979.87 11 09/01/2009 194,618.96 11 2,338,016.74 12/01/2009 181,361.87 11 44 404 2,377,645.69 2,416,769.03 03/01/2010 165,509.49 11 2,455, 380.39 06/01/2010 153,779.79 11 2,493,473.37 09/01/2010 139,473.89 11 2,531,041.44 12/01/2010 129,310.01 11 44 448 2,568,078.02 03/01/2011 116,589.49 11 2, 604, 576.44 06/01 /2011 108,030.81 11 2,640,529.95 09/01/2011 96,935.56 11 2,675,931.70 12/01/2011 90,022.46 11 44 492 2,710,774.77 03/01 /2012 80,593.37 11 2,745,052.15 06/01/2012 147,929.54 11 2,778,756.73 09/01/2012 141,115.55 11 2,811,881.33 12/01/2012 211,099.50 11 44 536 2,844,418.66 03/01/2013 158,655.23 15 2,923,626.47 06/01/2013 183,699.36 15 3,001,488.05 09/01/2013 135,325.52 15 3,077,986.51 12/01/2013 164,490.97 15 60 596 3,153,104.75 03/01/2014 120,289.95 15 3,226,825.43 06/01/2014 153,680.39 15 3,299,131.02 09/01/2014 113,757.18 15 3,370,003.75 12/01/2014 151,478.90 15 60 656 3,439,425.64 03/01/2015 116,256.31 15 3,507,044.12 06/01/2015 159,052.61 15 3,572,836.56 09/01/2015 128,968.05 15 3,636,780.04 12/01/2015 176,966.61 15 60 716 3,698,851.35 03/01/2016 152,149.33 15 3,759,027.00 06/01/2016 205,481.00 15 3,817,283.17 09/01/2016 186,063.50 15 3,873,595.79 12/01 /2016 244,862.46 15 60 776 3,927,940.46 244,862.46 776 776 776 3,927,940.46 '_.P1 PREPARED BY CASSERLY MOLZAHN & ASSOCIATES, INC. 20 —May 7F MEMORANDUM HOUSING AND REDEVELOPMENT AUTHORITY DATE: June 7, 1996 TO: William Burns, Executive Director of HRA FROM: Barbara Dacy, Community Development Director SUBJECT: Modifications to Fridley Office Plaza The Columbia Park Medical Group, the current owner of the Fridley Office Plaza, is proposing to move its OB /GYN clinic from the Fridley Plaza Clinic to the Fridley Plaza Office Building to create additional space for primary care. There will be three physicians and three nurse practitioners who will be occupying the first floor of the Fridley Office Plaza building. The OB /GYN clinic will be an addition to the existing physical therapy space now occupying the first floor. In addition, five physical improvements are proposed, including: Removing a majority of the trees on the south and west sides of the building and replacing them with low lying shrubs. 2. Installation of two handicapped accessible power door closures. - 3. Construction of a canopy similar in design to the canopy which is currently on the Municipal Center on the south side of the building. The new canopy will be located on the west side of the building where the former entrance to the building was once located. 4. Removal of the multi - colored picnic tables on the west side of the building, and removal of the exhaust vent and fan that is currently on the west side of the building. 5. Replacement of the existing directional signage just west of the building to direct customers to the Fridley Office Building and Municipal Center. _7 Modifications to Fridley Office Plaza June 7, 1996 Page 2 Columbia Park Medical Group will incur all of the expenses for the five changes. Although I have not had a substantial amount of time to review the request, I have reviewed the address file for the property. The HRA has the authority to review additional architectural modifications or expansions such as proposed by the canopy. I will schedule formal approval on the July agenda. I am also concerned about the removal of some of the mature evergreen trees on the west side of the building, and will meet with Frauenshuh, the management company, regarding alternatives to eliminating a substantial amount of the landscaping. The owners want to create a more visible entrance at the west side of the building. The construction of the canopy will require a building permit. It is also proposed that a sign be located on the canopy, and a sign permit must be obtained. I am also evaluating the parking adequacy of the ramp and other areas to make sure adequate parking exists for what will be two medical related buildings. BD /dw M -96 -267 cc: Scott Hickok Michele McPherson ro-M FRAUENSHUH MANAGEMENT COMPANY May 1, 1996 Ms. Barbara Dacy City of Fridley Fridley Municipal Center 6431 University Ave. NE Fridley, MN 55432 Hand Delivered Re: Fridley Office Plaza / Columbia Park Medical Group / Expansion Ms. Dacy: As we discussed on the telephone last week, Columbia Park Medical Group (CPMG) wishes to expand its medical practice on the first floor of the Fridley Office Plaza. This letter is intended to describe CPMG's plan for the space and our request in making some changes to the property. CPMG intends to take over the majority of the first floor of the building, leaving the Fridley Plaza Pharmacy as the only other tenant on the first floor. The CPMG space will consist of approximately 8,300 square feet, as cross- hatched on the attached plan. CPMG will keep it's existing physical therapy center in place and will move in it's OB -GYN clinic from the Fridley Plaza Clinic to free up some additional space for primary care. I was informed that CPMG plans to have three (3) physicians and three (3) nurse practitioners working in the OB -GYN clinic; no physicians presently work in the physical therapy space. CPMG has requested that the property owner make several improvements to the building and grounds around the west side of the building. These improvements are as follows: The removal and replacement of the majority of overgrown trees on the south and west side of the building to be replaced by low lying shrubs which will be consistent with the other shrubs surrounding the property. A plan is attached showing the proposed landscaping improvements. The installation of two (2) handicapped accessible power door closures on doors to be agreed upon by the parties. The construction of a canopy over the west entrance to the building ( the former cafe entrance) which is consistent with the canopy over the Fridley Plaza Clinic main entrance. This will require a new sidewalk from the west entrance door to the street. 180 EAST FIFTH STREET ST. P/ V V JESOTA 5510I (6I2)228 -9456 Ms. Barbara Dacy May 1, 1996 Page 2 - The removal of the picnic tables and the removal of the exhaust vent and repair of the brick building wall on the west side of the property. The installation of new directional signage to replace the existing city owned sign at the sidewalk on the west side of the property. This sign will be consistent in design and materials as the existing sign. A draft design has been attached for your review. Please instruct me on the proper procedure I need to go through in obtaining the appropriate City or HRA approval for these issues. If you have any questions about any of the above, please feel free to contact me directly at your convenience at 291 -3561. I will contact you by the end of the week to follow up. Thank you for your time and cooperation. Sincerely, FRAUENSHUH MANAGEMENT COMPANY Matthew L. Karl Attachments cc: Dr. Spencer Johnson, Columbia Park Properties, LLP Sonia Feinberg, Columbia Park Medical Group • FRIDLEY OFFICE PLAZA FIRST FLOOR I V U I I 1 I I I I I I ; I I I I I I ' I ,West Entrance I I- I i I I I 8D! Iri0, r Co -L( - ,) U Li .(-if I i C U4U4�JJU MIKE e�uter COIlIllllll a Park Mecl�cal 9 WE Rel�Mi>> Ce��ter O � GYN Friclley Plaza Pl�ar�»acy � 8F TOTAL P.03 uu 1 s rw, LL) cc -Ok) `i .Lul 1 1 u hu tJ�V � • uc t --- C�Oo�a(B Col [ii»I'ia Parlr 1�1 ecl ical Groi�,� Rel�ato� Ce��ter O: GYN Fri�/ ley Plaza Pl'�r�i�acy 8G'. OL,�m December 20, 1982 Mark Haggerty 6441 University Avenue N.E. Fridley, Mn 55432 Re: Clarification of "Contract for Private Development" Dear Mr. Haggerty: A question has been raised by the City of Fridley on the issuance of sign permits within the Center City Project on those signs that fall under its jurisdiction, (Chapter 214 of the Fridley City Code - signing visable to the outside public). The Housing and Redevelopment Authority position on this issue is that all signage visable to the outside public, by contract documents, requires approval by the Housing & Redevelopment Authority as part of its plan review process. Since outside signage is such a key to the integral design of the entire district, we feel it is essential to clarify this both with the City and the developer. This review would be required prior to any application for permit to the City of Fridley. Please keep this in mind when planning your timetable for providing signage for your facility. I think that you will agree on the importance of this matter in providing a quality area for your development. If you have any questions, please.feel free to contact me at 571 -3450. Sincerely, ERROLD L. BOARDMAN Executive Director Fridley Housing & Redevelopment Authority C -82 -84 m HOUSING & REDEVELOPMENT AUTHORITY MTG. , OCT. 12 1989 - PAGE 11 Mr. Meyer asked if it would be possible to urge Clark Construction to submit some type of overview of their project - -a plot plan and an architectural sketch rendering of their project. 3. CONSIDERATION OF PLAZA LANDSCAPE REVISIONS: Mr. Commers stated that according to Mr. Robertson's memo dated September 7, 1989, he suggests the HRA wait a year before taking any further action on the Plaza landscaping. Mr. Robertson stated that although it is clear to the Graduate Landscape Architect that the trees are beginning to show distress, the HRA might want more time to look at other alternatives. In his memo, he outlined several options: 1. Do nothing at this time and wait several years until more trees have died before replacing. 2. Replace all the trees at this time as recommended by Public Works. 3. Remove all trees and replace with paving materials instead. 4. Remove dead trees and those with _50% or less healthy canopy. 5. Remove all trees and replace with fewer, more widely spaced larger trees. Mr. Meyer stated this is a very central part of a very lovely quadrant. They have a newly remodeled Municipal Center. If they have a second rate prominent feature, it just seems like such a contrast. It seems they should go first class in this area. MOTION by Mr. Meyer to authorize the Plaza landscape revisions as soon as possible as outlined in Mr. Flora's August 24, 1989, memo. Ms. Schnabel stated she is uncomfortable with the dollar amounts. There is also the philosophy about the best time to plant, and she feels spring is a better time to plant than fall. Mr. Meyer stated he had no problem with specifying that the planting be done in the spring. Mr. Newman stated that if they are going to wait until spring, maybe they should ask Michele McPherson, Graduate Landscape Architect, to put together a recommendation for the HRA to consider. MR. MEYER WITHDREW HIS MOTION. 21 HOUSING & REDEVELOPMENT AUTHORITY MTG., OCT. 12, 1989 - PAGE 12 MOTION by Mr. Meyer, seconded by Ms. Schnabel, to table discussion on the Plaza landscape revisions and authorize staff to develop a plan for HRA review. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. INFORMATION ON PARKING RAMP CONSTRUCTION COSTS: Mr. Robertson stated that at the August meeting, the HRA requested staff to put together a breakout of Municipal Ramp costs. That was - done by Mr. Flora in his memo dated September 1, 1989. Attached to the memo was additional materials to describe many of those proposals. Mr. Commers stated his biggest concern has always been all this landscaping. He did not know how the City can contend that it is part of the ramp itself. They are talking $100,000 for landscaping and for the bridge. If the City Council wants these things, they should pay for them. Why is it lumped into the cost of the ramp? Mr. Commers stated the HRA made a commitment to build a ramp at a cost of $750,000. They are 'now at a number that is unbelievable in terms of overages.' Now the landscaping costs are being lumped in with the ramp costs, and he did not think the HRA should have to pay for it. Mr. Robertson stated it was consciously omitted at the time the contracts were let because the plans and the specs for the landscaping and the signage were not prepared at the time they went to bid the project. Mr. Commers stated the HRA was never told that these were to be included in the costs. That might have happened, but the HRA was not made aware of it. Mr. Billings stated that when the bids were coming in, the Municipal Center came in some $250,000 over budget, and the ramp came in at $250,000 under budget. The City Manager, Mr. Qureshi, decided to put the landscaping with the ramp. So, the lines of communication between the HRA and City Council were not very good. Mr. Commers stated he certainly appreciated this information. Mr. Meyer stated he had requested this information, and Mr. Flora's memo is a good summary for the record of how the changes came about.